HEERA LAL Vs. D I O S VARANASI

JUDGEMENT

(1.) LIST revised. None appears for the petitioner. However, I have perused the record. This writ petition is directed against the order of termination dated 26.6.1993, Annexure 4 to the writ petition, passed by the Manager, Kachcha Baba Inter College, Jalhupur, Varanasi (hereinafter referred to as "the College"). The petitioner claims to have been appointed as Class IV employee by the Principal of the College on 4.8.1992. Since the said appointment was not subsequently approved by the District Inspector of Schools (for short 'D.I.O.S.') the impugned order of termination was passed on 26.6.1993. I do not find any illegality in the impugned order inasmuch as, the appointment of the petitioner in Class IV post could not have been made without prior approval of the D.I.O.S. as contemplated in Regulation 101 of Chapter 3 which reads as under: "101. Appointing Authority except with prior approval of Inspector shall not fill up any vacancy of non- teaching post of any recognised aided institution: Provided that filling of the vacancy on the post of Jamadar may be granted by the Inspector." A division Bench of this Court in in the case of Jagdish Singh etc. Vs. State of U.P. and others, 2006(3) ESC 2055 (All) (DB) has held that any appointment made without prior approval of the D.I.O.S. is void ab initio and would not confer any benefit upon such person who claims to have been appointed on Class IV post without such approval. The same view has been reiterated subsequently by another Division Bench ( of which I was a member) in Kailash Prasad Vs. State of U.P. and others 2008(1) ESC 532(All)(DB). In the circumstances, no relief can be granted. The petition lacks merit and is accordingly, dismissed.