SALIL PRADEEP SINGH Vs. DISTRICT EDUCATION OFFICER

JUDGEMENT

(1.) The appellant in the present appeal is the writ petitioner. In the appeal he challenges the judgment passed by the learned Single Judge dated 29th June, 2012, whereby, the learned Single Judge has dismissed his Writ Petition, in which, he has challenged the orders dated 16th February, 2006, passed by the respondent No. 1 to the Writ Petition, withdrawing the financial approval granted to the appointment as Class-IV employee as well as the consequential order dated 18th February, 2006, passed by respondent No. 2, i. e. Principal, Messmore Inter College, Pauri, District Pauri Garhwal, which happens to be a recognized aided minority institution.

(2.) The brief backdrop under which the appellant questioned the validity of the two impugned orders in the Writ Petition are that the appellant claims to have been appointed by Principal, i. e. Respondent no. 2 as Class-IV employee as back as on 27th April, 200 According to the submission made by the learned counsel for the appellant, the appointment of the appellant as Class-IV employee by Respondent no. 2 was against the substantive vacant post available with the Institution on the date of his appointment.

(3.) The appointment given to the petitioner as Class-IV employee was subsequently sent by the Principal to the District Inspector of Schools, which has now been nomenclature as District Education Officer (hereinafter to be called as "DEO") for its financial approval. The DEO in pursuance to its decision dated 23/26th April, 2002, had granted the financial approval of the appointment of the appellant and the same was communicated by the DEO to the Principal and the Management. It is the contention of the appellant that in pursuance to the approval granted by the DEO on 26th April, 2002, respondent No. 2, herein, who is the appointing authority has communicated the approval of his appointment thus granted by the DEO according to the Regulation 100 of the Regulations as framed under section 6 G of the Intermediate Education Act, 1921 (hereinafter to be called as 'Act of 1921')