KAPIL KAUSHIK Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard learned counsel for parties and perused the pleadings of writ petition. This writ petition has been filed to seek a limited indulgence of this Court that the petitioner, who had been appointed on the basis of payment on honorarium as a teacher in terms of Government order dated 7.4.1998, be paid salary from the date of his joining and not from the date of grant of sanction by the Director, Higher Education, U.P.

(2.) LEARNED counsel for the petitioner submitted that the petitioner was appointed in terms of Government order having fulfilled the eligibility requirements, therefore, he is entitled to get the salary from the date of joining. On the other hand, learned counsel for the State tried to justify the order. On due consideration of rival submissions, we are of the view that the petitioner is entitled to get the salary from the date of joining, for the committee of management of college, which was competent to issue advertisement and to carry out selection of teacher in the college, recommended the case of petitioner for approval of the Director, Higher Education after candidate's selection in accordance with the Government order dated 7.4.1998.

(3.) IN these premises, we direct that the respondents shall pay arrears of salary to the petitioner till the date from which he started getting honorarium. With the aforesaid direction, the writ petition stands disposed of.