NAGENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) By means of instant writ petition, the Petitioner has prayed for a direction to be issued to opposite parties No. 2, 3 and 4 to make payment of salary to the Petitioner with effect from the date of joining i.e. 24.10.2009.

(2.) The submission of learned Counsel for the Petitioner is that Sarvodaya Uchchatar Madhyamik Vidyalaya Bamhera, Sitapur is an educational institution imparting education from 6th to 10th classes and is duly recognized by the U.P. Board of High School and Intermediate Education and receives grant-in-aid from the State Government. There are three posts of class IV employees and have been sanctioned by the competent authority. One post of class IV posts fell vacant on 1.1.2002 on account of the retirement of its incumbent Sri Shiv Bux on 31.12.2001. The remaining two posts are occupied by one Scheduled Caste candidate and the other by OBC category candidate. Opposite party No. 5 by means of letter dated 26.5.2008 sought permission from the D.I.O.S. Sitapur for filling up the post under Regulation 101 of the Regulations framed under Section 16-G of the Intermediate Education Act. The D.I.O.S. after examining the record granted permission to fill up the post by order dated 16.7.2008. The post could not be filled up and in the meantime, ban was imposed by the State Government for filling up the post.

(3.) However, after lifting of the ban, the District Inspector of Schools by way of letter dated 30.1.2009 directed the opposite party No. 5 to proceed with the selection on the class IV post and on receiving the aforesaid letter, the post was advertised in the Newspaper and after approval of the selection committee, interview was held on 13.2.2009. Opposite party No. 5 sent the record of the selection committee to the D.I.O.S. for financial concurrence vide letter dated 16.2.2009. The District Inspector of Schools after examining the record found that the selection was done in accordance with law but instead of granting the approval to the Petitioner's appointment, referred the matter to the Regional Committee vide letter dated 13.8.2009.