YOGENDRA KUMAR Vs. DISTT INSPECTOR OF SCHOOLS MEERUT

JUDGEMENT

(1.) S. K. Phaujdar, J. Through this writ petition the petitioner prayed for the writ of mandamus for directing the respondents to pay to him the arrears of salary as also his monthly salary every month and for other consequential reliefs.

(2.) AS per averments in the writ peti tion, the petitioner's father had been a class IVth employee in Subhash Higher Secon dary School, Rajpura, Meerut. Preparatory to his retirement, the petitioner's father had taken leave from 1. 9. 1992 to 31. 12. 92. In the consequent leave vacancy the petitioner was appointed as a temporary class IVth employee and, it is said, his appointment was approved by the District Inspector of Schools, Meerut (DIGS, in short ). In an ticipation of the superannuation of the petitioner's father on 31. 12. 1992, the Prin cipal of the Institution, in his capacity as the appointing authority, issued an advertise ment for that post on 1. 11. 1992. It was pub lished in the notice-board of the concerned institution. Several applicants including the petitioner filed their applications. The petitioner was selected as he had already gathered the experience aforementioned and had acquainted himself very well with that job. He was appointed by the Principal in the vacancy created on the retirement of his father. The petitioner stated that he had a better educational qualification and ex perience and was the person best suited for the job. The Principal wrote to the DIGS for granting approval to the appointment of the petitioner which was, according to the petitioner, only a financial approval. The DIGS, however, did not respond. The Prin cipal had to write to him again but till the date of filing of the writ petition, no response came from the DIGS. The petitioner, according to the averment in the writ petition, has been working continuous ly in class IVth grade in the institution but he was not paid any salary since 1. 1. 1993. Accordingly, this writ petition has been filed.

(3.) THE learned counsel for the petitioner stated that there was no necessity of any prior approval to fill up the post of the Class IV employees and when his atten tion was drawn to Regulation 101 in the Regulations under the U. P. Intermediate Education Act, it was contended that this provision was merely directory and not mandatory. THE learned counsel proposed to make a distinction between appointment and filling up of a post.