RAVINDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 20.05.2016 in the Special Appeal No. 345 of 2016, of the High Court of Judicature of Allahabad. Under the impugned order, the Division Bench rejected the Appeal of the Writ Petitioner and upheld the judgment dated 12.04.2016 whereby, the learned Single Judge dismissed the Writ - A No.38790 of 2000, filed by the present appellant.

(2.) Before the High Court, the appellant challenged the decision dated 16.02.2000 of the District Inspector of Schools, Kanpur Nagar whereunder, the appellant's representation for financial consent and approval for his service was negated. While rejecting the representation, the authority observed in the speaking order that Government has placed a ban on all types of recruitment by the Management and that the concerned Bilhaur Inter College, (hereinafter, "the Institution"), was not empowered to make any appointment. Moreover, the appellant was found to be appointed without any financial implication. The District Inspector of Schools passed the impugned speaking order in pursuance to the High Court's earlier direction dated 10.07.1998 in the Writ Petition (C) No.21713 of 1998 and hearing was afforded to the appellant and the Manager of the Institution.

(3.) Adverting to the speaking order (16.02.2000) of the Inspector of Schools, which was challenged in the Writ - A No.38790 of 2000, the Learned Judge noted that the appellant was appointed in a substantive vacancy which has occurred after transfer of one Ramesh Chandra Pandey who was serving in the Institution as a LT Grade Teacher. While appointing against a substantive vacancy, the Management according to the High Court, failed to adhere to the procedure contemplated in paragraph 5 of the First Removal of the Difficulties Order, 1981. The Learned Judge in his Judgment dated 12.04.2016 accordingly found no infirmity in the authority's decision, to refuse financial approval for appellant's appointment.