AWADHESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition the petitioner is challenging the order dated 31.10.2006 passed by Zila Basic Shiksha Adhikari, Etawah, holding the payment of the petitioner on Group 'D' post to be invalid and cancelling the approval granted earlier on 30.08.2001.

(2.) The facts of the case in brief are that there is an institution known as Madhymik Vidyalaya, Ritaur, Vikas Khand Bharthana, District Etawah. The said institution is duly recognized under the Basic Education Act and the Regulations and Rules framed thereunder. The institution also receives grant-in-aid from the State Government and payment of salary of teachers and other employees is governed by the U.P. Junior High Schools (Disbursement of Salary of Teachers and other Employees) Act, 1978.

(3.) The case of the petitioner is that a post of Clerk fell vacant in the institution on the death of one Sri Krishna Kumar Chaudhary. The Committee of Management decided to fill up the vacancy and permission was sought from the District Basic Education Officer by the Manager's letter dated 26.06.2001. By his order dated 17.07.2001, the Zila Basic Shiksha Adhikari, Etawah granted permission to the Committee of Management to proceed to fill up the vacancy.