RAJESH KUMAR UPADHYAY Vs. STATE OF U P

JUDGEMENT

(1.) In our view, this appeal has no merit as it is concluded by a decision of the Full Bench of this Court in the case of Gopal Dubey v. District Inspector of Schools, Maharajganj, (1999) 1 UPLBEC 1.

(2.) The writ-petitioner was appointed by a Committee of Management to take Intermediate Classes in English. It is true, that the writ petitioner-appellant has been working and functioning as an English Teacher since then. It is admitted position even today that without taking prior approval Under Section 9 of U.P. Act No. 24 of 1971 from the Director the writ petitioner-appellant was appointed to the English classes in the aforesaid College. The writ petitioner-appellant had moved the writ application praying for payment of salary since 1985.

(3.) In view of Section 9 of U.P. Act No. 24 of 1971, we are unable to accede to the claim made by the writ petitioner-appellant as no prior approval of the Director for creation of post to teach English classes was taken by the Committe of Management.