1 Petitioner's Writ Petition No.3963(SS) of 2019 was finally disposed of by this Court vide judgment and order dated 11.02.2019 in following terms:-
"Heard learned counsel for the petitioner and Sri D.C.Pathak, learned Additional Chief Standing Counsel.
Notices for opposite parties no.1 to 3 have been accepted by the office of learned Chief Standing Counsel.
Since this writ petition is being disposed of at the admission stage and no prejudice is being caused to opposite party no.4 by way of this order, therefore, notice to opposite party no.4 is dispensed with.
Submission of learned counsel for the petitioner is that the Committee of Management i.e. opposite party no.4 has preferred a letter on 07.11.2017 to the District Inspector of Schools, Sultanpur seeking approval in respect of appointment of the petitioner, but the District Inspector of Schools,Sultanpur has not taken any decision on the aforesaid proposal, therefore, it has been submitted by the learned counsel for the petitioner that interest of justice would suffice if direction is issued to the District Inspector of Schools, Sultanpur to take appropriate decision on the aforesaid proposal of the Committee of Management of the institution in question.
Therefore, without entering into merit of the issue, the District Inspector of Schools,Sultanpur is hereby directed to pass appropriate orders, strictly in accordance with law, on the proposal dated 07.11.2017 preferred by the Manager, Committee of Management of the institution in question in respect of approval of the appointment of the petitioner, with expedition, say within a period of six weeks from the date of production of certified copy of the order of this Court and communicate the decision thereof to the Committee of Management forthwith.
The writ petition is accordingly disposed of."
2. Pursuant to the notice issued in the present contempt petition, an affidavit of compliance of Sri V.K.Pandey, Director, Secondary Education, Government of U.P has been tendered today by Mr. Vinayak Saxena, learned Standing Counsel which is taken on record.
Along with the aforesaid affidavit a copy of the order dated 06.08.2019 passed by the Director Education (Secondary), Government of U.P. has been placed on record. In the aforesaid order, it is said that petitioner's appointment was not in accordance with law and only after one vacant post of Clerk is filled up by compassionate appointment, if any post remains unfilled then that post can be filled up by direct recruitment.
3. In view of the aforesaid, nothing survives in this petition, which is hereby dismissed as having become infructuous. However, if the petitioner is aggrieved by the decision dated 06.08.2019, he may impugn the decision dated 06.08.2019 before appropriate Court/Forum, if he is so advised and law permits.
Order Date :- 27.8.2019 prateek