ABDUL WAHAB Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri J.P. Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) It is submitted by learned counsel for the petitioner that the petitioner was appointed as a Clerk in the respondent-institution and the approval was granted by the District Inspector of Schools on 28/5/1994. The petitioner joined the institution on 30/5/1994 after issuance of appointment letter. The petitioner was however, no paid salary and thereafter, on 7/6/1994 the District Inspector of Schools passed an order suspending the operation of the order dtd. 28/5/1994 granting approval to the appointment of the petitioner. Against the aforesaid order dtd. 7/6/1994, the petitioner filed Writ Petition No.24031 of 1994. In the meantime, an order was passed directing payment of salary to another employee Suhail Alam Numani on 7/6/1997, who was also selected along with the petitioner on the ground that he was selected on the post held by the petitioner. The aforesaid order dtd. 7/6/1997 was subject matter of challenge by the petitioner in Writ Petition No.20339 of 1997 wherein an interim order was granted on 23/6/1997 staying the effect and operation of the order dtd. 29/5/1997 and 9/6/1997. The aforesaid writ petition was allowed by judgment dtd. 19/9/1997 and the order of the Director of Education dtd. 29/5/1997 was quashed and a direction was issued for fresh decision and same direction being issued in Writ Petition No.24031 of 1994. The relevant paragraph is extracted hereunder:

(3.) In pursuance to the aforesaid judgment dtd. 19/9/1997, on 27/2/1998 the Director of Education passed an order holding the petitioner's appointment to be not in accordance with law and the claim of Suhail Alam Numani was also rejected. The petitioner thereafter, has filed Writ Petition No.9925 of 1998 challenging the order dtd. 27/2/1998. The aforesaid writ petition was allowed by judgment dtd. 5/10/2023. The operative portion of the aforesaid judgment is extracted hereunder: