MANORAMA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Arun Kumar, learned counsel for the petitioner and Sri. R.B. Yadav for the respondent Nos. 2, 3 and 5. The learned standing counsel for the respondent No. 1. Issue notice to the respondent No. 4, returnable at an early date.

(2.) The Finance and Accounts Officer raised an objection that in view of the Government Order dated 6th of January, 2011, this appointment could not have been made except by way of outsourcing and accordingly sought directions from the District Basic Education Officer. The District Basic Education Officer vide his letter dated 29.11.2012 Annexure 9 to the writ petition has informed the Finance and Accounts Officer to consider the claim of the petitioner in view of the fact that the Government Order dated 6th of January, 2011 has already been set aside by this Court in so far it relates to the appointment of employees in Secondary Schools governed by the U.P. Intermediate Education Act, 1921. The reference is to the judgment in the case of Committee of Management, Lala Babu Baijal Memorial Inter College and another v. State of U.P. & another, 2012 4 ADJ 586 .

(3.) The salary of the petitioner has not been released hence the petitioner has come up praying for quashing of the Government Order in relation to employees of Junior High Schools governed by the 1984 Rules hereinabove on a similar footing.