LAWS(ALL)-2020-1-468

JAGDISH YADAV Vs. STATE OF U.P.

Decided On January 27, 2020
JAGDISH YADAV Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri G.C.Verma, learned Counsel for the petitioner and Sri Gyanendra Srivastava, learned Standing Counsel for the State-respondents.

(2.) By means of the present writ petition, the petitioner has challenged the order dated 21.05.2010 passed by the respondent no. 1, whereby the claim of the petitioner for creation of post was rejected.

(3.) Learned Counsel for the petitioner stated that impugned order dated 21.05.2010 passed by the respondent no. 1- Secretary, Department of Secondary Education, Civil Secretariat, Lucknow, is without jurisdiction as has been passed by the authority not provided under the statute and in support of the thereof, he placed reliance upon Section 9 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other employees) Act, 1971, which reads as under:-