LAV KUSH PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner, Sri J.P. Pandey, and learned counsel for the State, Sri K.K. Chand.

(2.) THIS writ petition by Lav Kush Pandey challenges the order passed by the Joint Director of Education, Allahabad Division, Allahabad, dated 20.5.2011, by means of which he has denied financial concurrence to his appointment made on a class IV post in Adarsh Gram Sabha Inter College, Charwa, District Kaushambi (hereinafter referred to as the 'institution").

(3.) THE petitioner, in response to the aforesaid direction, joined the Institution on 28.2.2011 itself. THE Principal of the Institution sent necessary information alongwith the necessary documents to the DIOS as well as the Joint Director of Education seeking financial concurrence/ approval to the appointment of the petitioner. THE DIOS, vide her letter dated 2.4.2011, also wrote on 7.4.2011 to the Joint Director of Education about the appointment of the petitioner though she made a remark that the petitioner has been illegally allowed to join the duties. This remark was only for the reason that in the absence of approval being granted by the DIOS or the Director of Education the appointment would not become effective and, therefore, the Principal as well as the petitioner should have waited till the approval is granted. Apart from this, the DIOS did not say that there was any illegality in making the appointment and the Rules or procedure, framed under the Regulations, have been violated. THE Principal of the Institution also made a representation to the Joint Director of Education on 25.2.2011 mentioning therein the procedure adopted in making the appointment and also requesting for approval so that the salary may be paid to the petitioner. THEreafter on 20.5.2011 the impugned order was passed relying upon the Government Order dated 6.1.2011.