JAI RAM YADAV Vs. STATE OF U P

JUDGEMENT

(1.) This petition has been filed challenging the order dated 9th August 2008 passed by the District Inspector of Schools Ballia whereby the post of Assistant Clerk in Janta Inter College, Nagra, Ballia has been offered to the Respondent No. 5 on compassionate basis. The Petitioner claims that he has been selected and appointed on the said post by the management/Prabandh Sanchalak which papers were forwarded to the District Inspector of Schools who has not disapproved the same, but while passing the impugned order has instructed the Prabandh Sanchalak that in the event any previous permission has been taken for selection and appointment on the said post, the same should be treated to have been cancelled.

(2.) Upon the petition being filed, an interim order was passed on 5th September 2008 and the parties were directed to maintain status quo. The result was that the Petitioner could not be paid salary, and he claims that even though he had joined the post, his pecuniary reimbursements were withheld.

(3.) Thereafter the Petitioner filed a second writ petition being Writ Petition No. 67174 of 2008 in which a direction was issued to the District Inspector of Schools to decide the matter with regard to the financial approval of the Petitioner. The petition was disposed of on 7th January, 2009 against which the Respondent No. 5 filed Special Appeal No. 108 of 2009 and the said order dated 7th January 2009 was set aside holding that the second writ petition filed by the Petitioner was not maintainable. However, liberty was given to the Petitioner to move an appropriate application in this petition for any further relief. Accordingly an amendment application has been filed which has been taken on record.