SHASHI BHUSHAN SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) In the present petition under Article 226 of the Constitution, the petitioner has assailed the order of the District inspector of Schools, Sultanpur dated 7.8.1997 by which the financial sanction for payment of salary to the petitioner on the post of Assistant Teacher to L.T, grade was refused.

(2.) The Institution Janta Higher Secondary School. Kurebhar. Sultanpur, is a recognised institution under the provisions of U.P. Intermediate Education Act and is also governed by the U.P. Act No. 24 of 1971 as also U.P. Secondary Education Service Commission and Board's Act. On the basis of the strength of the students the Institution was granted sanction for one extra sanction in 9th Class by the District Inspector of Schools. The Institution treating it as a vacancy available on a sanctioned post, initiated proceeding for selection and appointment of a Teacher in L.T. grade. The Committee of Management of the Institution after making necessary selection appointed the petitioner as Assistant Teacher in L.T. grade with effect from 3.7.1997. The petitioner joined the post on 5.7; 1997 at the Institution. The Institution in making the appointment on ad hoc basis treated it to be a short-term vacancy and filled it after advertising the post, in daily newspapers "Danik Lokmitra'on 15.9.1996.

(3.) According to the institution, the District Inspector of Schools by order dated 26.11.1996 granted permission for an extra section in 9th Class and the petitioner was appointed a Mathematics Teacher on the basis of his qualifications. The Institution sent the necessary record relating to the aforesaid appointment of the petitioner for grant of approval and financial sanction to the District Inspector of Schools through letter dated 7.8.1997. The District Inspector of Schools by the impugned order dated 7.8.1997 refused to grant approval for payment of salary on the ground that there was no duly sanctioned post at the Institution on which the petitioner has been appointed.