E-Paper
HC directive on job for kin of deceased
THE ALLAHABAD High Court on Friday asked the director of education and the principal secretary to issue orders to all the district inspector of schools to record the specific findings about the vacancies of the dependants of the deceased employees, who died while working in the recognised and aided educational institutions. The DIOS will be directed to do so, considering to accord financial approval to the appointments made on the posts of clerks and peons in the recognised and aided educational institutions, the court directed.
THE ALLAHABAD High Court on Friday asked the director of education and the principal secretary (education) to issue orders to all the district inspector of schools (DIOS) to record the specific findings about the vacancies of the dependants of the deceased employees, who died while working in the recognised and aided educational institutions.
The DIOS will be directed to do so, considering to accord financial approval to the appointments made on the posts of clerks and peons in the recognised and aided educational institutions, the court directed.
The court was of the view that no direct appointment in educational institutions could be made if the applications of dependants of the deceased employees was available.
The order was passed by Justice Shishir Kumar on a writ petition filed by Balendu Pandey from Deoria. The court was of the view that there was no dispute to this effect that in view of Regulations 101 to 107 of the Chapter III of the UP Education Act, vacancies of class III and IV post in Educational Institutions cannot be filled up till the applications of the dependants of deceased for appointment are disposed, under the rules.
In the present case, the petitioner was appointed as IV class employee, but the approval to his appointment was denied by the DIOS (Deoria) on grounds that permission was not taken before appointment and rules of reservation was not followed.
No finding was recorded by the DIOS that since several applications of dependants of the deceased employee were pending in the district, the claim of the petitioner was rejected.
While denying approval to the appointment, specific finding regarding pendency of dependants’ appointment must be recorded in the order. In the present case, the court quashed the order of DIOS and remitted the case back to DIOS for passing order.
