RAM RAMA Vs. DISTRICT INSPECTOR OF SCHOOLS ALLAHABAD

JUDGEMENT

(1.) PANKAJ Mithal, J. Heard Sri M. B. Saxena, learned Counsel for the petitioner and learned Standing Counsel for the respondent No. 2.

(2.) THE petitioner was appointed as peon in Ishwar Sharan Intermediate College, Allahabad. THE appointment letter was issued by the Principal (respondent No. 2) on 17-5-1989 (Annexure 1 to the writ petition ). THE petitioner joined his duties in pursuance of the said appointment letter on 18-5-1989. THE said appointment of the petitioner is said to be against a clear substantive vacancy. THE DIOS vide letter dated 4-7-1989 raised certain objections against the aforesaid appointment of the petitioner. THE objections so raised by the DIOS were duly replied by the Principal and proper clarification was given. However, the DIOS insisted that the post be offered to one Shiv Lochan the dependent of an employee of K. P. Inter College who had died-in-harness. Accordingly, the salary bills of the petitioner submitted by the college along with the other staff members were not cleared and no payment of salary was made to the petitioner.

(3.) LEARNED Standing Counsel has placed reliance upon Paragraphs 3, 6 and 9 of the counter-affidavit filed on behalf of the DIOS by Sri H. S. Dubey, Assistant Supervisor in the office of DIOS, Allahabad. It has been stated therein that the petitioner was appointed by the resolution of the Committee of Management dated 12-5-1989 and since the appointing authority of the class IV employee is the principal of the college, the resolution of the Committee of Management is without jurisdiction and, therefore, the petitioner cannot be said to have been validly appointed. No other defence has been taken in the counter-affidavit.