TRIBHUWAN NATH RAI Vs. STATE OF U P

JUDGEMENT

(1.) R. B. Misra, J. Heard Sri R. P. Yadav learned counsel for and on behalf of the petitioner and Sri Sandeep Mukherji, learned Standing counsel.

(2.) IN this petition prayer has been made for issuance of writ of mandamus commanding the respondents to pay the petitioner his entire salary due from 24-3-1982.

(3.) AS indicated on behalf of the respondents, in view of the averments made in the counter affidavit that application on behalf of the petitioner was submitted to the management of Govind Intermediate College, Sadat, Ghazipur for allowing the petitioner to join in the service on the basis of the order dated 5-4-1982 passed by the District Inspector of Schools. The District Inspector of Schools after considering the entire facts and circumstances by his order dated 10-10-1980 cancelled the recommendation of the selection committee being null and void and directed for fresh selection in accordance with Rules. In pursuance of the order dated 10-10-1980 the Committee of Management took the steps for the fresh selection and the fresh advertisement was also published and the duly constituted Selection Committee at the relevant time recommended the selection of Mr. Shashidhar Rai which too was approved by the District Inspector of Schools and consequent upon Sri Shashidhar Rai had joined the service as ASsistant Teacher in C. T. grade and was working, however the petitioner submitted an application to the Manager for allowing him to join, since the petitioner was never appointed by the Committee of Management and was never approved by the D. I. O. S. , as such he was not allowed to join the post, therefore, the petitioner is not entitled to any relief as prayed for as contended on behalf of the respondents.