ANOOP KUMAR SHAKYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing counsel. Amar Shaheed Vidyalaya Kandhrapur Kamalganj in district Farrukhabad is a duly recognised and aided institution wherein a substantive vacancy on the post of head master came into being on the retirement of the incumbent on 30.6.2002. It is pleaded that the petitioner was granted temporary appointment which was duly approved by the District Basic Education Officer vide order dated 13.9.2002. In regard to permanent appointment the District Basic Education Officer granted permission and on which basis the post was advertised in two daily newspapers and after following due procedure, the selection committee recommended the name of the petitioner for appointment as head master, whereafter an appointment letter dated 17.7.2004 was issued to him and he is discharging the functions thereof. This appointment was duly approved vide order dated 3.12.2007 passed by the District Basic Education Officer. However, the salary was not paid to the petitioner forcing him to prefer connected Writ Petition No.62806 of 2008 claiming the salary. During the pendency of the aforesaid writ petition, the approval granted has been withdrawn by the present impugned order dated 17.3.2009. The only ground for withdrawal of approval is that the prior permission/approval of the State Government was not taken despite a Government order dated 20th January 2003. It is not denied on behalf of the parties that this Government order has been held to be ultra vires by this Court in the case of Committee of Management, Vishva Nath Vidyalaya, Mundera, Allahabad vs. State of U.P. & another (Writ Petition No.1329 of 2005) decided on 24.5.2005. The counsels admit that the aforesaid judgment has neither been set aside nor any contrary judgment has been rendered by any other Court. Accordingly, the writ petition succeeds and is allowed and the order dated 17.3.2009 is hereby quashed. However, with regard to payment of salary, learned counsel for the respondent contends that the petitioner was not qualified and to that effect he has already filed his counter affidavit in the connected Writ Petition No.62806 of 2008. Considering all the facts, the petitioner is directed to approach the Secretary, Basic Education, U.P. Government, Lucknow alongwith a detailed representation, self attested copies of both the writ petitions and a certified copy of this order, whereupon the said Secretary shall take a reasoned decision on the claim of the petitioner after hearing him and the Department within a period of six weeks from the date of submission of a certified copy of this order. In case the claim is accepted, the Secretary shall ensure payment of salary forthwith.