HIGH COURT OF UTTARANCHAL AT NAINITAL Writ Petition No. 914 of 2001 (SS) Ashraf Hussain Ansari S/o Sri Jahid Hussain Ansari R/O Ward No. 6/25, Kichha, District Udham Singh Nagar…. Petitioner Versus 1. Committee of Management through Manager, Krishna Merchant Association Inter College, Kichha, District Udham Singh Nagar 2. District Inspector of Schools, Udham Singh Nagar 3. Join Director Education, Uttaranchal at Dehradun 4. Director of Education Uttaranchal 5. State of Uttaranchal through Secretary Education, Dehradun. ……….. Respondents Sri Vijai Bhatt, Advocate for the petitioner Standing Counsel for the respondents. Dated: 25.08.2006 Hon’ble Rajesh Tandon, J. Heard Sri Vijai Bhatt, counsel for the petitioner and Standing Counsel for the respondents. By the present writ petition, the petitioner has prayed for a writ of mandamus directing the respondents to give appointment to the petitioner as a teacher in the College, from the date of his first appointment. Briefly stated the father of the petitioner late Sri Jahid Hussain Ansari was a lecturer in Shri Krishan Merchant Association Inter College, Kichha, District Udham Singh Nagar who died in harness on 16.1.1999. The petitioner applied to the respondents for employed on the post of teacher under U.P. 2 Recruitment of Dependents of Government Servants Dying in Harness Rules 1974. According to the petitioner he was qualified to be appointed as Teacher in Sociology Subject in the College. A letter was sent by the Principal of the College on 23.4.1999 to the petitioners that if the petitioner so desires he may be appointed on a fourth class post. Relevant extract of the letter is quoted below: Ik=kad Š@‹‹-„000 fnukad „… ekpZ ƒ‹‹‹ fo"k;% f’k{kd ,oa f’k{k.ksRrj in ij lsok;ksftr fd;s tkus ds laca/k esaA egksn;] mijksDr fo”k;d vids vkosnu i= ij ftyk fo|ky; fujh{kd m/keflag uxj }kjk vkifRr O;Dr dh x;h gS ftldh QkVks dkih layXu dj Hksth tk jgh gS prqFkZ Js.kh esa lsok;ktu gsrq ;fn vki rS;kj ugha gS rks vkius fdlh HkkbZ vFkok ekrk th tks blds fy, ;ksX; gks ds i=tkr izLrqr djsaA fyfid in ij lsok;kstu gsrq vkidks vHkh in fjDr gksus rd bUrtkj djuk gksxkA vLrq lwpukFkZ izsf”krA In reply to the said letter petitioner. The petitioner was appointed on a class forth post vide letter dated 13.8.1999. The grievance of the petitioner is that he is qualified for appointment on the post of a teacher and the post of teacher is lying vacant in the college where his father was posted but he was appointed on a class IV post by the respondents. Rule 5 of U.P. Recruitment of Dependants of Government Servants Dying in harness Rules 1974, provides as under: In case a Government servant dies in harness after the commencement of these rules and the spouse of the deceased Government servant is not already employed under the Central Government or a State Government or a Corporation owned or controlled by the Central Government or a State Government one member of his family who is not already employed under the Central Government or a State 3 Government or a Corporation owned or controlled by the Central Government or a State Government shall on making an application for the purposes, be given a suitable employment in Government service on a post except the post which is within the purview of the Uttar Pradesh Public Service Commission, in relaxation of the normal recruitment rules. It is well settled that compassionate appointment is no source of recruitment but in order to provide financial help to the family of a Government servant after his death, some employment is provided to a member of his family. Since there was no vacancy for the post of teacher, the petitioner applied on 31.4.1999 for Class IV post and appointment was given to him. It is well established that appointment under Dying in Harness Rules is always made in order to help the family of an employee from distress who died in harness. The petitioner has placed reliance on the Apex Court’s judgment in the case of Smt. Shushma Gosai and others vs. Union of India and others, 1989 (4) SCC, 468, wherein Apex Court has held as under: “We consider that it must be stated unequivocally that in all claims for appointment on compassionate grounds, there should not be any delay in appointment. The purpose of providing appointment on compassionate ground is to mitigate the hardship due to death of the bread earner in the family.” 4 According to the petitioner, the respondents are taking work from the petitioner as teacher continuously since the date of his appointment. The petitioner has submitted that the respondents are going to fill up the posts of teachers in the college. If the applications are invited for appointment of teachers in the College, where he is working and the respondents are directed to consider the case of the petitioner if the petitioner is otherwise qualified for the same. Subject to the observations made above, writ petition is disposed of. No order as to costs. Dated: 25.08.2006 Rajesh Tandon, J. *Dhyani