KAILASH PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Arvind Kumar Srivastava, learned Counsel for the appellant at great length. Learned Standing Counsel representing the respondents No. 1 to 3 was also heard.

(2.) THIS special appeal under Chapter-V, Rule 8 of the High Court Rules is directed against the judgment dated 19. 10. 2005 passed by Hon'ble Single Judge dismissing Writ Petition No. 36630 of 2002 (Kailash Prasad v. State of U. P. and others) filed against the order passed by the Principal, Janta Inter College Indrapur, District Gorakhpur (hereinafter referred to as the "institution") discontinuing the services of the petitioner as Class IV employee.

(3.) IN brief it is not disputed that the petitioner, Kailash Prasad (hereinafter referred to as the "petitioner-appellant") was appointed on 16th May, 2001 by the Principal of the Institution without having obtained approval of the District Inspector of Schools, Gorakhpur (hereinafter referred to as the "dios") as required under Regulation 101, Chapter-Ill of the Regulations framed under the U. P. Intermediate Education Act, 1921 (hereinafter referred to as the "regulations" ). The Principal sent papers to the DIOS for granting approval subsequently but the same was declined on the ground that the appointment was made in violation of Regulation 101 and, therefore, no approval can be accorded and payment cannot be made from State exchequer, whereupon the Principal discontinued services of petitioner-appellant by order dated 20. 7. 2002 pursuant to the order dated 31. 5. 2002 of the District Inspector of Schools, impugned in the writ petition.