JANARDAN YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Rejoinder affidavit filed today is taken on record.

(2.) This petition is directed against an order passed by the Director of Education dated 11.12.2015, where by petitioner's claim for being accorded approval and thereby releasing salary on the post of Assistant Teacher in the institution concerned, has been rejected.

(3.) Lal Bahadur Shashtri Shiksha Niketan Inter College, Pipara Madan Gopal, District Deoria is a recognised institution under the provisions of the U.P. Intermediate Education Act, 1921 and the provisions of Payment of Salaries Act, 1971 are also applicable thereupon. Initially the institution was a Junior High School but in the year 1981, it was upgraded to the High School level. Aid was extended to the institution w.e.f. 1.4.1991 under the Act of 1971. Petitioner claims to have been appointed as Assistant Teacher in the institution in the year 1988. This appointment was approved by the Inspector on 13.3.1992. The order of the Inspector noticed that the appointment of the petitioner was not against any existing post and that request had been made for sanction of four additional posts which was pending consideration. It was in that circumstances that inspector has granted approval to petitioner's appointment allegedly in public interest due to unavoidable circumstances. However, the order of approval also recorded that salary would be paid to the petitioner only when additional posts are sanctioned. It is admitted on record that no additional post was ever sanctioned. It appears that a vacancy arose due to retirement of one Ram Chandra Pathak on 30.6.2007 and petitioner raised a claim for grant of approval against such vacancy. This Court on 24.12.2009 issued a direction in Writ Petition No. 51202 of 2009 to the Director to take an appropriate decision in the matter. A consequential order was passed by the Director on 29.9.2011, holding that claim of petitioner for adjustment can be considered against the post which has fallen vacant due to the superannuation of Ram Chandra Pathak. A consequential order in favour of petitioner was passed granting him financial approval. This order, however was challenged in Writ Petition No. 1122 of 2012, which came to be allowed by this Court on 15.10.2015 by holding as under:-