PARMANAND PANDEY Vs. DISTRICT INSPECTOR OF SCHOOLS VARANASI

JUDGEMENT

(1.) THIS writ petition has been filed for issuing a writ of certiorari quashing the order dated 16.9.1994 by which the services of the petitioners as Class-IV employee have been terminated by the respondent No. 4 on the ground that the D.I.O.S. has orally refused to approve the services of the petitioners as no prior approval was obtained for making appointment.

(2.) SRI D. S. P. Singh, learned counsel appearing for the petitioners submits that petitioners appointments were made by the competent authority, i.e., the Principal of the Institution after advertising the vacancies and for holding the selection of Class-IV employees no prior approval of D.I.O.S. as recorded by the Principal of the college was necessary if the appointment was made prior to 30.6.1992. Otherwise also in case of Class-IV employee approval of District Inspector of School is not necessary only financial concurrence is required. In his submissions the services of the petitioners should not have been terminated on these grounds.

(3.) LEARNED standing counsel has also submitted that the present petition is not maintainable as the State of U. P. through Secretary Madhyamik Education, U. P. Government, Lucknow has not been impleaded as a necessary party.