LAWS(ALL)-1997-11-15

SUDARSHAN PRASAD SHARMA Vs. STATE OF U P

Decided On November 21, 1997
SUDARSHAN PRASAD SHARMA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) O. P. Garg, J. By means of this writ petition, under Article 226 of the Con stitution of India, the petitioner has prayed for that the respondents be directed to pay arrears of salary with effect from 8-7-1988 up to date and further that they should continue to pay future salary regularly on month to month basis. It is also prayed that respondent No. 2, District Inspector of Schools, be commanded to accord approval to the appointment of the petitioner.

(2.) COUNTER and rejoinder-affidavits have been exchanged. Heard Sri M. D. Singh Shekhar, learned Counsel for the petitioner as well as the learned standing Counsel.

(3.) IT is an undubitable fact that the post of lecturer in Sanskrit was in exist ence in the Krishak Intermediate College. This post was sanctioned in the year 1980 but remained unfilled. The petitioner was appointed on this post by direct recruit ment on ad hoc basis on 25-6-1986. The D. I. O. S. has not raised any objection about the manner and procedure adopted in making selection and appointment of the petitioner on ad hoc basis. The only ground on which the approval to the ap pointment of the petitioner has been with held is that the post which was created in the year 1980 had lapsed as no steps were taken to fill in the same within the period prescribed.