DR. ALI AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) ON record it is an order of the Regional Inspectress 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 v. District Inspector of Schools, Maharajganj and Anr. : (1999) 1 UPLBEC : 1999 (2) AWC 962 (FB). and in absence of any order of the competent authority, i.e., Director under the provisions of Section 9 of Act No. 24 of 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.) SUCH ignorance on the part of the Regional Director of Education to the legal position as explained by Full Bench of this Court in the case of Gopal Dubey (supra) speaks volumes about the manner in which public money is being utilized. The Full Bench of this Court in the case of Gopal Dubey (supra) has held as follows: