ALI AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) ON record it is an order of the Regional Inspectorix of Girls School, Varanasi Region, Varanasi dated 1.5.1989 sanctioning two additional sections for classes 4 and 5 (primary section attached to Sajida Girls Inter College). There is no order of the competent authority sanctioning any additional posts of teachers for the new sections so permitted.

(2.) COUNSEL for the petitioner submits that in view of the Full Bench of this Court in the case of Gopal Dubey Vs. District Inspector of Schools, Maharajganj and another reported in [(1999) 1 UPLBEC and in absence of any order of the competent authority i.e. Director under the provisions of Section 9 of Act no. 24/1971 creating any new posts after permission to start of new section the payment of salary could not be made to appointees working against non sanctioned posts through State Exchequer.

(3.) THIS court has no hesitation to record that the stand taken by the Regional Director of Education, Varanasi is nothing but an eye wash for illegal payments/approval granted against non sanctioned posts. No posts can be said to be created for the institution merely because additional sections are permitted to open or merely because under the Manak two additional posts of teachers can be said to be permissible. Manak is only a prescription of the minimum required for teaching but the same cannot tantamount to creation of posts. The full Bench in the case of Gopal Dubey (supra) has held that a separate order under Section 9 has to be passed by the competent authority creating the post before payment can be released through State Exchequer. It appears that the Joint Director is unaware of the statutory provisions and the law as explained by the Full Bench or either he has deliberately created a situation wherein unauthorised payment is sought to be made to the persons appointed against non-existing posts.