ARJUN SINGH Vs. BASIC SHIKSHA ADHIKARI ALLAHABAD

JUDGEMENT

(1.) J. C. Gupta, J. By filing this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 15-6-86 passed by the Basic Shiksba Adhikari, Allahabad respondent No. 1 copy of which has been annexed aa Annexure-V to the petition, by which the respondent No. 1 has rejected the petitioner's representation which he had made to the Basic Shiksha Adhikari to accord sanction for payment of his salary.

(2.) THE petitioner was appointed as a Peon by the Headmaster of the institution, respondent No. 2 by his order dated 20-6-82. THE petitioner assumed charge of his office and since then he has been working on the said post. THE papers relating to his appointment wore forwarded by the Headmaster to the respondent No, 1 on 2-7-83 for according sanction re garding payment of salary and for giving approval to the appointment made by him. No decision was taken by the respondent No. 1 hence petitioner filed writ petition before this court in the year 1987 which was disposed of at the admission stage by the order dated 24-11-87 with the observation that the Basic Shiksha Adhikari would dispose of the petitioner's representation within a period of six weeks. By the impugned order the respondent No. 1 has rejected the representation of the petitioner holding that his initial appointment was against law as no prior approval or sanction of Basic Shiksha Adhikari was obtained and the Headmaster was informed by letter dated 12-10-33 that the post of Peon was a reserved post. According to Basic Shiksha Adhikari instead of cancelling the appointment of the petitioner the Headmaster allowed the petitioner to continue in service and therefore he withheld the sanction for payment of the salary to trf8 petitioner.

(3.) IN view of the fact that the petitioner has continued in service on the post on which he was appointed in the year 1982 till today it may be just and proper and appropriate to cancel his appointment suggested by the B. S. A. in his order. ;