RAVINDRA PRASAD MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) WRIT petitioner-appellant, aggrieved by the order dated 28.11.2008 passed by a learned Single Judge in Writ petition No. 61651 of 2008, has preferred this Appeal under Chapter VIII Rule 5 of the High Court Rules. Short facts giving rise to the present appeal are that by resolution dated 30th June, 2006, writ petitioner-appellant (hereinafter referred to as the 'Petitioner') was appointed as a Clerk in Vindheshwari Inter College, Tulsi Nagar in the district of Azamgarh. In the light of the aforesaid resolution, appointment letter dated 1.7.2006 was issued and in pursuance thereof, according to the Petitioner, he joined on 7.7.2006. The District Inspector of Schools by letter dated 29.6.2007 accorded approval for payment of salary to the Petitioner from the date he joins service after the said approval was granted. Petitioner thereafter joined on 2.7.2007. Petitioner filed writ application inter alia prays for payment of salary for the period 7.7.2006 to 2.7.2007. The learned Single Judge by the impugned order declined the said prayer inter alia observing that the period prior to the approval by the District Inspector of Schools is not at all recognised in law and as such he shall not be entitled for any salary. In this connection the learned Single Judge has observed as follows:- "Regulation 101 of Chapter-III of U.P. Act No. 2 of 1921 is of no consequence and for the said period, no salary whatsoever can be ensured, as functioning for the said period is not at all recognized under law, as valid appointment could be accepted only from the date when approval is accorded under Regulation 101 of Chapter-III of U.P. Act No. 2 of 1921." We do not find any error in the same. The appeal stands dismissed.