AMBRIKA YADAV Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) PETITIONER was appointed as Chaukidar by letter dated 13 -3 -1985 in Shaheed Inter Collage, Madhuban, Azamgarh (hereinafter referred to as the college), Principal of the college sent a letter dated 13 -4 -1988 to the District Inspector of Schools, Azamgarh (hereinafter referred to as D.I.O.S.) for financial sanction for the appointment of the petitioner. No action having been taken on the aforesaid letter, reminders were sent. The D.I.O.S. by his order dated 5 -9 -1988 refused to grant sanction for the petitioner's appointment on the ground that the petitioner's appointment is in excess of the sanctioned strength of Class IV employees in the college. When the Principal of the College received the aforesaid letter of the D.I.O.S. he sent a letter dated 28 -9 -1988 to the D.I.O.S. pointing out thereby that there are 17 (and not 15) posts of Class IV employees in the college. The D.I.O.S. not having taken any action in spite of the Principal's letter the petitioner filed this writ petition for payment of his salary and other necessary relief's. In para 3 of writ petition, it has been stated by the petitioner that the sanctioned strength of staff of the college is 67 which includes 17 Class IV employees, Principal of the college has also informed the D.I.O.S. by letter dated 28 -9 -1988 that the sanctioned strength of Class IV employees is 17 and not 15. Time was granted to the respondents more than once, to file counter -affidavit, but no counter -affidavit has been filed. In the absence of any counter -affidavit the averments made by the petitioner about sanctioned strength of Class IV employees in the college has to be accepted as correct. The order of the D.I.O.S. dated 3 -5 -1988 as such cannot be sustained.

(2.) WRIT petition is accordingly allowed with costs. The order of the D.I.O.S. dated 3 -5 -1988, is quashed. The respondents are directed to pay the salary to the petitioner as and when fall due. The petitioner will also be paid by the respondents, the arrears of his pay within four months from the data of receipt of certified copy of this judgment.