SARVESH KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the record.

(2.) In compliance of the aforesaid order, the petitioner was getting salary. During the pendency of the aforesaid writ petition, the petitioner was selected as Assistant Teacher in Saryu Prasad Intermediate College, Kunda, Pratapgarh on ad hoc basis, against the post which fell vacant on 1.7.2010. The proposal of his appointment was sent to financial approval before the DIOS and by the impugned order financial sanction was not accorded. It was mentioned in the impugned order that the appointment has been made without recommendation of the Selection Board, which is in-violation of Section 61 of the Intermediate Education Act and is also punishable under Section 22 of the said Act.

(3.) Learned counsel for the petitioner has placed reliance on the pronouncement of Division Bench of this Court in the case of Day a Shanker Mishra v. District Inspector of Schools and others, 2010 10 ADJ 829 (DB), decided on 31st March, 2010, wherein Division Bench has approved the view taken in Rakesh Chandra Misra's case. This Court in the case of Rakesh Chandra Misra : 2004 (22) LCD 1604, has held in paras 41, 42 and 43 as under: