RADHEY SHYAM SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) ARUN Tandon, J. Heard Counsel for the parties.

(2.) PETITIONER had approached this Court earlier by means of the Writ Petition No. 16255 of 2004 alleging therein that he has been offered appointment against a short-term vacancy caused due to suspension of a teacher in the institution namely Sri Roop Narain Singh. It was claimed that such ad hoc appointment was offered on 17-8-1995. Papers for grant of financial approval had been transmitted to the District Inspector of Schools but he has not taken any decision. The writ petition was disposed of vide judgment and order dated 22-4-2004 with a direction upon the District Inspector of Schools to consider the claim of the petitioner for financial approval in accordance with the Full Bench Judgment in the case of Radha Raizada. The District Inspector of Schools by means of the impugned order dated 9-11- 2004 has held that the appointment claimed by the petitioner is illegal and therefore, petitioner has no right to claim financial approval/payment of salary. This order of the District Inspector of Schools is under challenge in the present writ petition.

(3.) A counter-affidavit has been filed on behalf of the District Inspector of Schools and in paragraph 6 of the counter-affidavit it has been stated that the suspension of Sri Roop Narain Singh was never approved by the District Inspector of Schools and therefore, there was no short term vacancy available in the Institution against which the petitioner could have been appointed.