# Satish Chandra v. State of U.P. & Ors

- **Citation:** (2024) 12 ILRA 612
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2024-12-04
- **Case number:** Writ -A No. 16406 of 2024
- **Bench:** J.J. Munir
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/satish-chandra-v-state-of-u-p-ors-51292
- **Pages:** 12

## Headnote

Civil Law - Constitution of India,1950
-
Article
226,
-
Uttar
Pradesh
Intermediate Education Act, 1921 -
Regulations 101, 101(1), 103, 104,
105, 106 & 107- writ petition - seeking
mandamus commanding the DIOS to grant
approval to his appointment as clerk in the
institution
under
dying-in-Rules
-
Institution is run and management by the
Nagar Plika Parishad - Petitioner's father
died in harness who was a peon with the
institution
-
being
son
of
deceased
employee applied for appointment - being
eligible for the post of a clerk, considered
for
compassionate
appointment
in
accordance with Regulation 103-107 of
Chapter III of Regulation framed under Act,
of 1921 - manager of institution issued an
appointment letter appointing him as a
clerk
-
petitioner
joined
the
duty
-
institution
made
request
to
DIOS
for
approval
for
including
the
name
of
petitioner on Human Resource Portal for the
purpose of payment of Salaries - DIOS
referred the matter to Joint Director of
Education - JDE direct to DIOS to proceed
in accordance with Regulation 105 - court
finds that, there is a complete provision for
purpose made in regulation framed under
chapter III of the Act, but the authorities
have
not
acted
in
accordance
with
Regulation - held, (i) Petitioner has a right
to
be
considered
for
compassionate
appointment,
(ii)
Manager
of
the
institution has no right to issue the letter
of appointment, (iii) The District Level
Committee constituted under regulation
105 have to undertakes the necessary
exertions - Hence, a mandamus is issued
to the Manager of the institution to report
with all particulars within seven days to
the DIOS and DIOS will then proceed in
accordance with Regulation 104 and 105 to
place
the
petitioner's
case
for
consideration
before
the
Committee,
envisaged under Regulation 105 and the
committee
will
take
a
decision
for
appointment within a month in accordance
with regulations in force, and thereafter
DIOS shall proceed further to appoint the
petitioner within a month of receipt of
such
instruction
from
committee
-
direction issued to the authorities for
compliance punctiliously and without fail -
writ petition - Allowed. (Para - 19, 22, 23,
24, 25, 26)

Writ petition Allowed. (E-11)
12 All. Satish Chandra Vs. State of U.P. & Ors.
613
List of Cases cited:

Anand Kumar Tripathi Vs St. of U.P. & ors.
(2012 vol. 1 ADJ 286),

## Text

612 INDIAN LAW REPORTS ALLAHABAD SERIES
Deputy Director, Local Fund Accounts
Department,
Moradabad
Region,
Moradabad and the Executive Officer,
Nagar Palika Parishad, Seohara, Bijnor to
pay the petitioner, within four weeks of
receipt of a copy of this judgment, simple
interest at the rate of 6% per annum on the
belated payment of group insurance,
gratuity and arrears of pension, reckoned
with effect from 21.09.2019, until payment
of these dues.

24. The Registrar (Compliance) is
directed to communicate this order to the
Director, Local Bodies, Government of
U.P., Lucknow, the Deputy Director, Local
Fund Account Department, Moradabad
Region, Moradabad and the Executive
Officer, Nagar Palika Parishad, Seohara,
Bijnor through the learned Chief Judicial
Magistrates of Lucknow, Moradabad and
Bijnor, respectively.
----------
(2024) 12 ILRA 612
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 04.12.2024

BEFORE

THE HON'BLE J.J. MUNIR, J.

Writ -A No. 16406 of 2024

Satish Chandra ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sudeep Dwivedi, Sr. Advocate

Counsel for the Respondents:
C.S.C., Saurabh Tiwari

Civil Law - Constitution of India,1950
-
Article
226,
-
Uttar
Pradesh
Intermediate Education Act, 1921 -
Regulations 101, 101(1), 103, 104,
105, 106 & 107- writ petition - seeking
mandamus commanding the DIOS to grant
approval to his appointment as clerk in the
institution
under
dying-in-Rules
-
Institution is run and management by the
Nagar Plika Parishad - Petitioner's father
died in harness who was a peon with the
institution
-
being
son
of
deceased
employee applied for appointment - being
eligible for the post of a clerk, considered
for
compassionate
appointment
in
accordance with Regulation 103-107 of
Chapter III of Regulation framed under Act,
of 1921 - manager of institution issued an
appointment letter appointing him as a
clerk
-
petitioner
joined
the
duty
-
institution
made
request
to
DIOS
for
approval
for
including
the
name
of
petitioner on Human Resource Portal for the
purpose of payment of Salaries - DIOS
referred the matter to Joint Director of
Education - JDE direct to DIOS to proceed
in accordance with Regulation 105 - court
finds that, there is a complete provision for
purpose made in regulation framed under
chapter III of the Act, but the authorities
have
not
acted
in
accordance
with
Regulation - held, (i) Petitioner has a right
to
be
considered
for
compassionate
appointment,
(ii)
Manager
of
the
institution has no right to issue the letter
of appointment, (iii) The District Level
Committee constituted under regulation
105 have to undertakes the necessary
exertions - Hence, a mandamus is issued
to the Manager of the institution to report
with all particulars within seven days to
the DIOS and DIOS will then proceed in
accordance with Regulation 104 and 105 to
place
the
petitioner's
case
for
consideration
before
the
Committee,
envisaged under Regulation 105 and the
committee
will
take
a
decision
for
appointment within a month in accordance
with regulations in force, and thereafter
DIOS shall proceed further to appoint the
petitioner within a month of receipt of
such
instruction
from
committee
-
direction issued to the authorities for
compliance punctiliously and without fail -
writ petition - Allowed. (Para - 19, 22, 23,
24, 25, 26)

Writ petition Allowed. (E-11)
12 All. Satish Chandra Vs. State of U.P. & Ors.
613
List of Cases cited:

Anand Kumar Tripathi Vs St. of U.P. & ors.
(2012 vol. 1 ADJ 286),

(Delivered by Hon'ble J.J. Munir, J.)

1. The petitioner, Satish Chandra,
has applied for the issue of a writ, order or
direction in the nature of mandamus,
commanding the District Inspector of
Schools, Kasganj (for short, 'the DIOS') to
grant approval to his appointment as a
Clerk with the Sant Tulsidas Municipal
Inter College, Soron, Kasganj (for short,
'the Institution') made by the Management
on 06.03.2024 under the Dying-in-Rules.

2. The Institution is run and
managed by the Nagar Palika Parishad,
Soron, Kasganj and the Chairman of the
Nagar Palika is the ex officio Manager
thereof. The Institution is governed by the
provisions
of
the
Uttar
Pradesh
Intermediate Education Act, 1921 (for
short, 'the Act of 1921') and the Regulations
framed thereunder as also Government
Orders issued from time to time. Payments
of salaries to teachers and other employees
working with the Institution are made
under the Uttar Pradesh High Schools and
Intermediate Colleges (Payment of Salaries
of Teachers and Other Employees) Act,
1971 (for short, 'the Act of 1971'). The
petitioner's father, the late Lala Ram, was a
peon with the Institution and died in
harness on 08.11.2023. The petitioner,
being the deceased employee's son, applied
for appointment against a suitable post.
There are three posts of clerks sanctioned
for the Institution, out of which two are
occupied
with
incumbents
working
thereagainst. There is a vacancy of one due
to Ravi Kumar Parashar's services being
terminated
by
the
Management
on
08.12.2008. The said order is under
challenge before this Court at the instance
of Parashar in Writ-A No.7688 of 2009.
There is no interim order granted in the
said petition. Parashar is scheduled to
superannuate in the year 2026 and the post
is vacant since the year 2009.

3. The petitioner, being eligible for
the post of a clerk, was considered for
compassionate appointment in accordance
with Regulations 103-107 of Chapter III of
the Regulations framed under the Act of
1921. The petitioner made his application
on 27.01.2024, upon which consideration
followed. After due selection, the petitioner
was appointed by the Manager of the
Institution by a letter of appointment dated
06.03.2024, appointing him as a Clerk. The
petitioner joined his duties on 11.03.2024.
On the 30th of March, 2024, the Principal
of the Institution addressed a letter to the
DIOS, requesting him to include the
petitioner's name on the Human Resource
Portal for the purpose of payment of his
salary. On 12.04.2024, the Chairman of the
Nagar Palika Parishad, Soron, Kasganj/ the
Manager of the Institution addressed a
letter to the DIOS, seeking approval for the
petitioner's
appointment
and
further
requested him to record the petitioner's
name on the Human Resource Portal for the
purpose of payment of salary. On the 3rd of
May, 2024, the DIOS addressed a letter to
the Joint Director of Education, Aligarh and
requested him to provide guidance in the
matter of approval of appointment to the
Clerk's post with the Institution, the
petitioner
having
been
appointed
on
compassionate grounds by the Management
and given charge.

4. The Manager of the Institution
later, addressed a letter dated 10.06.2024 to
the Joint Director of Education, Aligarh,
apprising him of the position regarding the
614 INDIAN LAW REPORTS ALLAHABAD SERIES
petitioner's appointment on compassionate
grounds as also the position of vacancy in
the cadre of clerks, the applicability of the
Act of 1921 to the Institution as well as the
Regulations framed thereunder. The Joint
Director of Education, Aligarh Region,
Aligarh wrote back to the DIOS, vide his
memo dated 10.07.2024. It says that the
DIOS had sought guidance about the
petitioner's appointment on compassionate
grounds as a Clerk with the Institution on a
supernumerary post. It is remarked that the
Institution is governed in the matter of
payment of salary by the Act of 1971.
Therefore, the DIOS was asked to consider
the petitioner's case in accordance with
Chapter
III,
Regulation
105
of
the
Regulations framed under the Act of 1921.
The DIOS by his letter dated 18.07.2024,
addressed to the Manager and the Principal
of the Institution, directed them to take
necessary action in accordance with his
letter under reference. A detailed allusion to
this letter of the DIOS would be made in
the course of this judgment.

5. Nevertheless, it must be pointed
out that for whatever flaws in the
petitioner's
appointment,
that
were
indicated by the DIOS vide his letter dated
22.08.2024, he returned the papers relating
to the petitioner's appointment to the
Management to take action in accordance
with the guidance offered by the Joint
Director of Education, Aligarh Region,
Aligarh vide his letter dated 10.07.2024.
Regarding this as inaction in the matter of
grant of approval to his appointment, the
petitioner has instituted the present writ
petition.

6. When the petition came up for
admission on 18.11.2024, a very detailed
order was passed by this Court, requiring
the DIOS to file a personal affidavit. The
order dated 18.11.2024 passed by this
Court reads:

"1.
Heard
Sri
Ashok
Khare,
learned
Senior Counsel assisted by
Sri
Sudeep
Dwivedi,
learned counsel for the
petitioner, learned Standing
Counsel
for
the
respondents no. 1 to 3 and
Sri Saurabh Tiwari, learned
counsel for the respondents
no.4 & 5.
2. The petitioner
has preferred present writ
petition inter-alia with the
following prayers :-
"(i) Issue a writ,
order or direction in the
nature
of
mandamus
commanding
the
respondent no.3 to give
approval and feed data of
the petitioner on Human
Resources Portal and to pay
the salary to the petitioner
month to month forthwith
and also pay the dues
allowances from date of
joining dated 11.03.2024 to
from the date of actual
payment within stipulated
period as may be specified
by this Hon'ble Court.
(ii) Issue a writ,
order or direction in the
nature
of
mandamus
commanding
to
the
respondent no.3 to decide
the
representation
dated
29.08.2024
within
stipulated
period
which
may be specified by this
Hon'ble Court."
12 All. Satish Chandra Vs. State of U.P. & Ors.
615
3. The facts in brief as contained in
the writ petition are that father of the
petitioner namely late Sri Lalaram was
working on Class-IV post in Sant Tulsidas
Myu. Inter College, Soro, Kasganj and
while working on the aforesaid post
unfortunately he died on 08.11.2023. The
petitioner being fully eligible and qualified
for the post of clerk made an application
for his appointment on compassionate
ground, the respondent no.5 namely Sant
Tulsidas Myu. Inter College Soro, Kasganj
through its Manager, Chairman Nagar
Palika Parishad, Soro, Kasganj after
considering the entire material of the case
issued an appointment of letter to the
petitioner appointing him on the post of
clerk vide letter of appointment dated
06.03.2024,
thereafter
on
30.03.2024
Principal of the institution wrote a letter to
the
District
Inspector
of
Schools,
Kasganj/respondent no.3 with a request to
include the name of the petitioner on
Human Resources Portal for the purpose of
payment
of
salary.
Thereafter
on
03.05.2024 District Inspector of Schools,
Kasganj written a letter to Joint Director of
Education, Aligarh requesting to provide
guidelines for appointment on the post of
clerk to the petitioner, who appointed and
join on 11.03.2024 on the said post and
doing work regularly from the date of
joining. On 01.06.2024, the Chairman,
Nagar
Palika
Parishad,
Soso,
Kasganj/Officio
Manager
of
the
institution has also written and send a
letter to the Joint Director of Education,
Aligarh and he also stated clear position
to the post of clerk in the institution.
Thereafter, on 18.07.2024 a letter was
written by the respondent no.3-District
Inspector of Schools, Kasganj to the
Manager/Principal
of
the
institution
directing to take action pursuant to the
letter dated 18.07.2024.
4. It is argued by learned Senior
Counsel that direction given in the letter
dated 23.08.2024 written by the respondent
no.3 to the Manager of the institution in
question is per-se illegal and without any
basis. It is further argued that two grounds
were taken in the aforesaid, which reads as
follows :-

"उपयुाक्त के अभतररक्त आप अिगत िों भक
नगर पाभलका पररषि से सम्बद्ध भिक्षण संस्क्थान िेतु पत्र
व्यििार एिं अन्द्य कायािािी संस्क्था प्रबंधक के रूप में
भकया जाना भनयमानुसार िै न भक अध्यक्ष नगर पाभलका
पररषि के पिनाम से। सिायक भलभपक पि पर भििागीय
भनयमो के अनुसार टंकण की गभत के परीक्षण िेतु परीक्षा
भलए जाने का न तो कोई साक्ष्य िै और न भकसी प्रकार
का कोई उकलेख िै।
अतः
मागा
भनिेि
भिनांक:
19.07.2024 के अनुसार तत्काल आिश्यक
कायािािी करें।""

5. In so far as first ground
is concerned, the Court is of the
opinion that this is only hyper
technical
grounds.
The
State
Authority can not restrain a person
to work on compassionate ground.
In so far as second ground is
concerned, it is argued that there is
no such provision in the Act/Rules
to pass tying test before any
appointment
on
compassionate
ground on the post of clerk.
6. In this view of the
matter, it is argued that both
grounds taken in the matter is
without any basis hence direction
be given to the respondent no.3 to
give approval and feed date of the
petitioner on Human Resources
Portal.
7.

Learned
Standing
Counsel placed before this Court
instructions dated 17.11.2024 under
616 INDIAN LAW REPORTS ALLAHABAD SERIES
signature of respondent no.3. It is
again
stated
in
the
aforesaid
instructions that without examining
the tying speed of the petitioner, the
appointment letter was issued to the
petitioner hence writ petition is
liable to be dismissed.
 8. Heard learned counsel for the
parties and perused the records.
 9. From perusal of the records it
is clear that one of the basic
objection has been taken by the
respondent no.3 that petitioner was
appointed
on
compassionate
ground by the Management of the
institution
without
examining
typing speed of the petitioner.
10. It is further argued by
Sri Ashok Khare, learned Senior
Counsel that there is no such
condition either in the Act or in the
Rules or in the Government Order
issued by the State Government
from time to time that before
appointment on post of clerk on
compassionate ground typing test is
a condition precedent.
11. In this view of
the matter, respondent no.3
is directed to file personal
affidavit within ten days
regarding the same. In
absence
of
same,
respondent no.3 is directed
to appear in person on the
next date fixed in the
matter.

12. Put up as fresh on
28.11.2024."

7. In response, a personal affidavit
has been filed by the DIOS on 28.11.2024,
which was directed by this Court to be read
as a counter affidavit, as the learned
Standing Counsel waived his right to file a
detailed return. Learned Counsel for the
petitioner waived his right to file a
rejoinder.

8. Issue of notice to the fifth
respondent was dispensed with since they
are ad idem with the petitioner's cause. The
petition being ready, it was admitted to
hearing, which proceeded forthwith and
orders reserved.

9. Heard Mr. Sudeep Dwivedi,
learned Counsel for the petitioner, Mr.
Saurabh, learned Standing Counsel and Mr.
Saurabh Tiwari, Advocate appearing on
behalf of respondent No.4.

10. The learned Counsel for the
parties centered their submissions on the
issue whether it was imperative for the
Management, while selecting the petitioner
for compassionate appointment and issuing
him an appointment letter, to have
subjected him to a typing test in order to
ascertain his typing speed. This submission
on both sides is premised on the provisions
of Regulation 103 of Chapter III of the
Regulations framed under the Act of 1921,
as
amended
vide
notification
dated
06.12.2022 issued by the State Government
in exercise of their powers under Section
16-G of the Act of 1921, more particularly,
the first proviso to Regulation 103(1). The
aforesaid Regulation, to which allusion
would be made in the course of this
judgment, makes it mandatory, in case of
posts which require knowledge of operation
of a computer or possession of typing skill
and where the candidate for compassionate
appointment does not possess the necessary
proficiency in computer operation or
typing, to make the appointment contingent
upon the candidate earning the necessary
CCC Certificate from the DOEACC
Society or an equivalent qualification,
12 All. Satish Chandra Vs. State of U.P. & Ors.
617
recognized
by
the
Government,
and
achieve, along with earning the certificate,
a typing speed of 25 words per minute in
Hindi and 30 words per minute in English.
It is also mandated by the proviso that if a
candidate fails to earn the certificate or
achieve the requisite speed within a year,
his annual increment shall be withheld and
he would have another year to earn the
requisite CCC Certificate etc. and achieve
the necessary typing speed. It is also
provided that if after the further time period
of one year granted, the qualification or the
speed are not earned or achieved, his
service would be terminated.

11. Now, both sides have been
emphatic about the point whether at the
time of recruitment, or so as to speak,
selection and initial appointment, the
proviso to Regulation 101 (1) obliges the
Management
of
the
Institution
to
undertake, or the candidate appointed on
compassionate grounds to undergo a test to
establish whether he/ she possesses the
requisite typing speed. There is no issue
about the petitioner earning the CCC
Certificate because he asserts that he
already has it and the fact is not disputed
either before this Court or in the letter/
order of the DIOS dated 22.08.2024,
returning the papers to the Management,
relating to the petitioner's appointment.

12. The DIOS by his letter dated
22.08.2024, addressed to the Manager of
the Institution, returned the papers relating
to
the
petitioner's
selection
and
appointment, where the material remarks
read:

"प्रश्नगत प्रकरण नीभतभिषयक िोने के
कारण िैधाभनक मागाििान िेतु मण्डलीय संयुक्त भिक्षा
भनिेिक अलीगढ को इस कायाालय के पत्रांक- मा0 /
573-76/2024-25 भिनांक - 30.05.2024
के अनुसार संिभिात भकया गया। मण्डलीय संयुक्त भिक्षा
भनिेिक अलीगढ़ के पत्रांक-2028-30 / 202425 भिनांक: 10.07.2024 के अनुसार मागाििान
भिया गया भक माध्यभमक भिक्षा अभधभनयम 1921 के
अध्याय-3 की धारा 105 में िभणात प्राभिधानों के
अनुसार भनयमानुसार आिश्यक कायािािी करें। मागाििान
की प्रभत आपको िी पृष्ठांभकत की गयी। उक्त के सम्बन्द्ध
में इस कायाालय के पत्र सं0-2267-69/2024-25
भिनांक: 18.07.2024 के द्वारा िी आपको अिगत
कराया गया।
आप द्वारा उक्त मागाििान के रम में कोई
कायािािी निीं की गयी िै तथा उ०प्र० सरकार भिक्षा
(7) अनुिाग सं०-मा० / 3082 / 15-7-8
(4)/75 भिनांक: 12.07.1982 को जारी
अभधसूचना का िी संज्ञान निीं भलया गया िै, संज्ञान
लेकर कायािािी करें।
उपयुाक्त के अभतररक्त आप अिगत िों भक
नगर पाभलका पररषि से सम्बद्ध भिक्षण संस्क्थान िेतु पत्र
व्यििार एिं अन्द्य कायािािी संस्क्था प्रबंधक के रूप में
भकया जाना भनयमानुसार िै न भक अध्यक्ष नगर पाभलका
पररषि के पिनाम से। सिायक भलभपक पि पर भििागीय
भनयमो के अनुसार टंकण की गभत के परीक्षण िेतु परीक्षा
भलए जाने का न तो कोई साक्ष्य िै और न भकसी प्रकार
का कोई उकलेख िै।
अतः
मागा
भनिेि
भिनांकः
10.07.2024 के अनुसार तत्काल आिश्यक
कायािािी करें। पत्रािली मूलरूप में संलग्न कर
प्रत्यािभतात िै।"
(emphasis by Court)

13. Before this Court, learned
Counsel for both sides have made their
submissions on the premise that the
Management are competent not only to
appoint, but select a candidate like the
petitioner under the Regulations relating to
compassionate, which the DIOS has to
scrutinize and approve for the purpose of
payment of salary under the Act of 1971.
These submissions have proceeded on lines
that the Management while examining the
candidature
of
a
candidate
for
compassionate appointment have to ensure
618 INDIAN LAW REPORTS ALLAHABAD SERIES
that he fulfills the necessary qualifications
for appointment to a clerical post. This
includes
the
possession
of
a
CCC
Certificate and command of the prescribed
typing speed in Hindi and English. The
objection that has been the subject of issue
raised by parties before this Court is that
the proviso to Regulation 103 envisaging a
time period of one year for a candidate
appointed to a clerical post, requiring the
knowledge of typing to acquire the
prescribed speed, the remarks of the DIOS
or the stand before the Court that the
Management at the time of selection ought
have taken a typing test and determined the
petitioner's typing speed is besides the
point. This is what the petitioner would
submit on the issue.

14. Mr. Saurabh, the learned
Standing Counsel, on the other hand,
asserts that it is to be ascertained in the first
instance by the Management while the
selecting a candidate for compassionate
appointment under Regulations 103 to 107
of Chapter III of the Regulations framed
under the Act of 1921, if he/ she possesses
the requisite typing speed. The period of
one year, according to Mr. Saurabh, is then
the first opportunity to acquire the
requisite speed. There is then, according
to the learned Standing Counsel, a further
opportunity of one year to acquire the
prescribed typing speed if at the end of
one year, the candidate fails to attain it.
At that stage too, a typing test would be
necessary. The submission in substance,
therefore, is that at the threshold, at the
time of selection, it has to be ascertained
by the Management if the candidate
possesses the requisite typing speed. If he
does, there is no requirement of asking
him to undergo a further test at the end of
one year.

15. In our opinion, this point,
though much debatable, is not required to
be gone into in this case, and, therefore, left
open for consideration in a suitable cause in
the future.

16. Here, allusion must be made to
the provisions of Regulations 104, 105, 106
and 107 of Chapter III of the Regulations
framed under the Act of 1921, as amended
vide notification dated 6th December, 2022.
These read:

"104. भकसी मान्द्यता प्राप्त, सिायता प्राप्त
संस्क्था का प्रबन्द्धतन्द्त्र मृत्यु िोने के भिनांक से सात भिन
के िीतर भनरीक्षक को मृत कमाचारी के कुटुम्ब के
सिस्क्यों की एक ररपोटा प्रस्क्तुत करेगा भजसमें मृत
कमाचारी का नाम, धृत पि, िेतनमान, भनयुभक्त का
भिनांक मृत्यु का भिनांक भनयोजक संस्क्था का नाम उसके
कुटुम्ब के सिस्क्यों के नाम, उनकी िैभक्षक प्रभिक्षण
अिाताएं यभि कोई िों, और आयु का भििरण िी भिया
जायेगा। भनरीक्षक अपने द्वारा रखे जाने िाले रभजस्क्टर में
मृतक की भिभिभष्टयाूँ िजा करेगा।
105. भिभनयम 103 में भनभिाष्ट मृत
कमाचारी के कुटुम्ब का कोई सिस्क्य सम्बभन्द्धत भनरीक्षक
को यथाभस्क्थभत, प्रभिभक्षत स्क्नातक श्रेणी में अध्यापक या
भिक्षणेत्तर संिगा के भकसी पि पर भनयुभक्त के भलए
आिेिन करेगा। आिेिन पत्र पर सभमभत द्वारा भिचार
भकया जायेगा और यभि सभमभत उसकी भनयुभक्त की
संस्क्तुभत करे तो भनरीक्षक मान्द्यता प्राप्त, सिायता प्राप्त
उस संस्क्था के, भजसमें आिेिक को भनयुक्त भकया जाना
िै, प्रबन्द्ध तन्द्त्र को आिेिन-पत्र भिभनयम 106 और
107 के अनुसार भनयुभक्त आिेि जारी करने के भलये
िेजेगा।
सभमभत में भनम्नभलभखत िोगे-
1. भनरीक्षक अध्यक्ष
2. भजला भिद्यालय भनरीक्षक के कायाालय
में लेखाभधकारी सिस्क्य
3. भजला बेभसक भिक्षा अभधकारी सिस्क्य
106. मृत कमाचारी के कुटुम्ब के सिस्क्य
की भनयुभक्त उसकी िैभक्षक अिाताओं के अनुसार
प्रभिभक्षत स्क्नातक श्रेणी में या भकसी भिक्षणेत्तर पि पर
12 All. Satish Chandra Vs. State of U.P. & Ors.
619
यथासम्िि उसी संस्क्था में की जायेगी जिाूँ मृत कमाचारी
अपनी मृत्यु के समय सेिारत था। यभि ऐसी संस्क्था में
प्रभिभक्षत स्क्नातक श्रेणी में भकसी अध्यापक या
भिक्षणेत्तर संिगा में कोई पि ररक्त न िो तो उसकी
भनयुभक्त भजले की भकसी अन्द्य मान्द्यता प्राप्त, सिायता
प्राप्त संस्क्था में जिाूँ ऐसी ररभक्त िो की जायेगी-
प्रभतबन्द्ध यि िै भक यभि भजले की भकसी
मान्द्यता प्राप्त, सिायता प्राप्त संस्क्था में कोई ररभक्त
तत्समय भिद्यमान न िो तो उस संस्क्था में जिाूँ मष्तक
अपनी मृत्यु के समय सेिारत था, भनयुभक्त प्रभिभक्षत
स्क्नातक श्रेणी के अध्यापक के या चतुथा श्रेणी के
भिक्षणेत्तर पि के प्रभत भकसी अभधसंख्य पि के प्रभत
तुरन्द्त की जायेगी। ऐसे अभधसंख्य पि को इस प्रयोजन
के भलये सृभजत भकया गया समझा जायेगा और उसे तब
तक जारी रखा जायेगा जब तक कोई ररभक्त उस संस्क्था
में या भजले की भकसी अन्द्य मान्द्यता प्राप्त, सिायता प्राप्त
संस्क्था में उपलब्ध न िो जाये और ऐसी भस्क्थभत में
अभधसंख्य पि के पिधारी द्वारा की गई सेिा की गणना
िेतन भनधाारण और सेिा भनिृभत्त लािों के भलये की
जायेगी।
107. उस मान्द्यता प्राप्त, सिायता प्राप्त
संस्क्था के प्रबन्द्धतन्द्त्र द्वारा, भजसको भिभनयम 105 के
अधीन भनरीक्षक द्वारा आिेिन-पत्र िेजा गया या
आिेिन पत्र को प्राभप्त के भिनांक से एक माि की अिभध
के िीतर भनरीक्षक को सूचना िेते िुए भनयुक्त पत्र जारी
भकया जायेगा।"

17. The deceased employee, Lala
Ram passed away on 08.11.2023, leaving
behind him a dependent family, including
the petitioner, his son. There is little doubt
in view of the date of the employee's
demise that the Regulations 103-107 of
Chapter III aforesaid would apply, as
amended
by
the
notification
dated
06.12.2022. These have been quoted
hereinbefore. A perusal of the entire
scheme for selection and appointment
under
the
Regulations
aforesaid
is
encapsuled in Regulations 104-107. The
Regulations aforesaid envisage a complete
scheme for compassionate appointment and
the power to select a candidate on
compassionate ground does not at all vest
with the Management of the Institution,
where the deceased employee was serving.

18. Regulation 104 casts an
obligation upon the management or the
principal or the headmaster of a recognized
and aided institution, where the deceased
employee was serving, to intimate within
seven days of his death in harness by a
report to the District Inspector of Schools
the factum of his death. Apart from it, the
report aforesaid shall convey information,
which would mention the deceased's name,
the post held by him, his pay scale, the date
of his appointment, the date of his death,
the name of the employer-institution, the
name of the deceased's family members,
their educational qualifications and ages.
The District Inspector of Schools is obliged
to maintain a register, wherein particulars
relating to the deceased employee sent to
him through report by the management/
principal of the institution, as the case may
be, shall be recorded.

19. Regulation 105 provides that
one family member of the deceased would
then apply for appointment as an assistant
teacher or a Class-III employee. The
aforesaid application shall be placed before
a Committee, comprising three members, to
wit, the District Inspector of Schools, who
would be its Chairman, the Finance and
Accounts Officer (Secondary Education)
and the senior most Principal of the
Government Inter College/ Government
Girls Inter College, both of whom would be
members. The Committee as aforesaid
would
consider
the
application
for
compassionate appointment and make
recommendation for appointment of the
applicant to the institution, where he is
entitled to be appointed in accordance with
the provisions of Regulation 106. The
620 INDIAN LAW REPORTS ALLAHABAD SERIES
management or the principal or the
headmaster, as the case may be, would then
issue a letter of appointment in favour of
the
applicant
for
compassionate
appointment.

20. Regulation 106 provides that
as far as possible the family member of the
deceased would be appointed in the same
institution,
where
the
deceased
was
employed. If there is no position of an
assistant teacher or a Class-III employee
available with the said institution, the
family member may be appointed in any
other institution in the district, wherever a
vacancy exists. In the further event of there
being no vacancy in the district in any
institution, the District Level Committee,
above described, would refer the matter to
the Regional Level Committee and that
Committee would recommend appointment
of the candidate in any institution in the
Region, wherever a suitable vacancy exists.
It is also provided that if there is no
vacancy in the entire Region, or if the
applicant for compassionate appointment
desires an appointment in some other
Region, the matter would be referred to the
Directorate of Education (Secondary),
where it would be considered by a
Committee,
again
comprising
three
members. This Committee would be
headed by the Additional Director of
Education (Secondary) as its Chairman and
would have two other members, whose
particulars are mentioned by reference to
their office in the second proviso to
Regulation 106. After consideration of the
matter by the Committee at the Directorate
Level, they would send the matter to the
District Level Committee, wherever a
suitable vacancy is there. This decision
would be taken after securing information
about the position of vacancies across the
State.
21. Regulation 107 mandates that
when a recognized and aided institution
receives an application for appointment
from the District Inspector of Schools in
favour of a candidate for compassionate
appointment, that institution would be
obliged to issue an appointment letter in
favour of the candidate within a month of
receipt of the communication from the
District Inspector of Schools.

22.

The
entire
scheme
of
Regulations 104-107 of Chapter III of the
Regulations framed under the Act of 1921
does not at all authorize the management of
the institution, where the employee, who
died
in
harness,
was
working,
to
recommend
any
compassionate
appointment, much less make it and
afterwards seek approval of the District
Inspector of Schools, as done in the present
case. The procedure envisaged under
Regulations 104-107 has to be followed for
such an appointment to be made, where the
management and the principal of the
institution have no role, except to comply
with the instructions of the District
Inspector of Schools, in turn issued, on the
basis of the recommendations of the
concerned Committee. In this connection,
reference may be made to Anand Kumar
Tripathi v. State of U.P. and others, 2012
(1) ADJ 286, where this Court held:

"9. A perusal of Regulation
103 discloses that the appointment
on compassionate ground is to be
made on a post suitable to the
qualification of the candidate. The
Regulation 104 provides for the
role of the management. According
to Regulation 104, the Management
within seven days from the date of
the death of the employee, has to
submit a report to the District
12 All. Satish Chandra Vs. State of U.P. & Ors.
621
Inspector of Schools giving such
details of the deceased - employee
and his family members as are
noted in the regulation. Upon
receipt of this report, the District
Inspector of Schools has to enter
the details in a register. Regulation
105 provides for an application by
the member of the family of the
deceased-employee thereby seeking
appointment. This application has
to be made before the District
Inspector of Schools. Thereafter,
the application with all the relevant
papers is to be placed before a
District Level Committee, which
consists of the District Inspector of
Schools, the Accountant in the
office of the District Inspector of
Schools and the District Basic
Education Officer of the concerned
district. Upon recommendation of
this
Committee,
the
District
Inspector of Schools has to forward
the application for appointment to
the Management concerned for
issuing
necessary
appointment
order
in
accordance
with
Regulations
106
and
107.
Regulation 106 provides that the
dependent
of
the
deceasedemployee
would
be
given
appointment in the same Institution
where the deceased-employee was
working and in case there is no
vacant post in the said institution
then the appointment is to be
provided in any other recognized/
aided institution of the District. The
Proviso to Regulation 106 states
that where there is no vacant post
in the entire District then a
supernumerary post in Class IV
shall be created for the candidate.
Regulation 107 provides for the
time
limit
within
which
the
exercise of issuing the appointment
order is to be carried out.
10. Having considered the
aforesaid provisions that deal with
the compassionate appointments in
recognized
/
govt.
aided
Intermediate Colleges, I am of the
considered
opinion
that
the
Management of a college has no
say with regard to the post on
which a dependent of a deceasedemployee is to be appointed. The
role of the Management is only to
forward the necessary information,
as is required by Regulation 104 of
Chapter III of the Regulation
framed under the U.P. Intermediate
Education Act, 1921. The District
Level
Selection
Committee
constituted under Regulation 105 is
the body that decides the post on
which
a
candidate
is
to
be
appointed after taking into account
his or her qualification/and the
vacancy
available
for
appointment."

23. This then being the position of
the law, if the petitioner had applied to the
Management for consideration of his case
vide application dated 27.01.2024, that
occasion should not have arisen. The
Management of the Institution should have
reported the matter with all necessary
particulars to the DIOS under Regulation
104 and the DIOS ought have processed the
claim after entering it in the prescribed
register. The Chairman of the Nagar Palika
Parishad, who is the Manager of the
Institution, certainly had no right to issue
the letter of appointment dated 06.03.2024
to the petitioner and then send papers to the
DIOS for his approval. The letter of
appointment issued to the petitioner is
622 INDIAN LAW REPORTS ALLAHABAD SERIES
contrary to the scheme of the provisions of
Regulations 104-107 of Chapter III of the
Regulations framed under the Act of 1921.
It does not confer upon the petitioner any
right. It is void. Being void, any kind of
approval to it, even if given, would not
imbue it with life. There was no occasion
for the DIOS to have sought directions
from the Joint Director of Education. He
ought
have
entered
the
petitioner's
particulars in the register, processed the
claim and placed it before the Committee,
envisaged under Regulation 105 for their
consideration. This would be followed by
necessary direction for appointment to
whichever institution these had to be
issued.

24. Now, since that was not done
and guidance from the Joint Director was
sought, the Joint Director of Education was
not wrong in asking the DIOS to proceed in
accordance with Regulation 105. In fact, he
was absolutely right. At that stage too, the
DIOS
should
have
proceeded
under
Regulation
105
and
after
collecting
necessary
particulars
relating
to
the
petitioner, caused it to be laid before the
Committee under Regulation 104, of which
he is himself the Chairman. Sadly, he did
not do that. When he received the letter of
appointment for approval etc. from the
Institution along with papers, he found
faults with it on the ground that the
petitioner had not been subjected to the
necessary typing test for ascertainment of
his speed, and on that ground refused
approval and sent the matter to the
Management
vide
his
order
dated
22.08.2024. The sole direction in that order,
that is sound, is that the DIOS has required,
towards the tail-end of the order, the
Manager of the Institution to act in
accordance with the instructions of the
Joint Director of Education carried in his
memo dated 10.07.2024. This would oblige
the Manager to report on the necessary
particulars about the deceased to the DIOS.
As soon as the Manager would do that, the
obligation of the DIOS under Regulations
104 and 105 would commence. For judging
the
suitability
of
the
petitioner
for
appointment to a Class-III post, it would be
the
Committee
constituted
under
Regulation 105, who would have to
undertake the necessary exertions. If it
involves a typing test, it is for them to
ensure it. However, this is with the remark
that passing the typing test at the time of
initial recruitment, even if the requisite
typing speed is not there, is not a
precondition. There is complete provision
for the purpose made in Regulation 101 (1)
of the Regulations of Chapter III framed
under the Act of 1921. The District Level
Committee would do well to bear that in
mind, so far as the petitioner's case goes.
The petitioner has a right to be considered
for compassionate appointment, but cannot
be granted relief in the terms that he has
prayed. The relief would have to be
suitably moulded to give effect to the
petitioner's rights, otherwise well-founded.

25. In the circumstances, a
mandamus is issued to the Manager of the
Institution/
Chairman,
Nagar
Palika
Parishad, Soron, Kasganj to report with all
particulars within seven days of receipt of
this order, death of the petitioner's father to
the DIOS. The DIOS will then proceed in
accordance with Regulations 104 and 105
to
place
the
petitioner's
case
for
consideration
before
the
Committee,
envisaged under Regulation 105. The
Committee will take a decision relating to
the petitioner's appointment as a Class-III
employee with whichever institution they
find it feasible in accordance with the
Regulations in force. The Committee's
12 All. Nagendra Narayan Mishra Vs. State of U.P. & Ors.
623
decision shall be taken within a
month of receipt of the particulars from the
Manager of the Institution. Immediately
upon
the
recommendations
of
the
Committee being made, the necessary
instructions shall be issued by the DIOS to
the Manager/ Principal/ Headmaster of
whichever institution it is decided to
appoint the petitioner. The institution
concerned, to whomsoever the instructions/
directions are issued by the DIOS, shall
proceed to appoint the petitioner within a
month of receipt of such instructions. It
shall be the duty of the DIOS to ensure that
this mandamus of ours is carried out
punctiliously and without fail.

26. This writ petition is allowed in
terms of the aforesaid orders.

27. There shall be no order as to
costs.

28.

Let
this
order
be
communicated
to
the
Manager,
Sant
Tulsidas Municipal Inter College, Soron,
Kasganj, the Chairman, Nagar Palika
Parishad, Soron, Kasganj through the
learned Civil Judge (Sr. Div.), Kasganj by
the Registrar (Compliance). The order
would also be communicated to the Joint
Director of Education, Aligarh Region,
Aligarh through the learned Civil Judge (Sr.
Div.),
Aligarh
by
the
Registrar
(Compliance).
----------
(2024) 12 ILRA 623
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 17.12.2024

BEFORE

THE HON'BLE J.J. MUNIR, J.

Writ -A No. 18422 of 2023
Connected with
Writ-A No. 2255 of 2024

Nagendra Narayan Mishra ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Pankaj Tiwari, Rajan Upadhyay, Sr. Advocate

Counsel for the Respondents:
C.S.C.

A. Service Law - Disciplinary proceeding -
Punishment
-
Award
of
censure
-
Punishment order suffers from absence of
reasons - Effect - Cryptic and laconic
order - Validity challenged - Held, the
imperative of furnishing reasons in an
order, that is quasi judicial in nature, or
even administrative, if it determines rights
of parties and has civil consequences,
cannot be underestimated, much less
discounted - Tested on the anvil of well
settled principles about what may be
considered a valid order of punishment
passed by a Disciplinary Authority, the
impugned order cannot be sustained
because it is utterly cryptic and laconic -
Awarding censure to the petitioner cannot
be sustained. (Para 24, 25, 27 & 43)

B. Service Law - Disciplinary proceeding -
Punishment - Adverse entry and censure
- For the same omission, both adverse
entry
and
censure
was
awarded
-
Permissibility
-
Non-consideration
of
material evidence - Effect - Held, it is true
that adverse entry and censure for the
same act or omission can be awarded, but
it is equally true that an adverse entry
written in the ACR is not relevant material
at all to return a finding based on the
same omission in disciplinary proceedings.
The findings of the Inquiry Officer are,
therefore, based on ignorance of material
evidence and taking into consideration of
irrelevant material, besides being cryptic.
The same cannot be sustained. (Para 36)

C. Expression 'Malice in Law' - Meaning -
'Legal malice' or 'malice in law' means
'something done without lawful excuse'.