Court No. - 6
Case :- WRIT - A No. - 12770 of 2020 Petitioner :- C/M Sri Kirtu Rai Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioners and Shri Mohd. Naushad Siddiqui, learned Standing Counsel for the State- respondents.
The present petition has been filed with the following prayer:-
"(a) To issue a writ, order or direction in the nature of mandamus directing the respondent no. 4 to accord financial approval of class-III employee to the institution of petitioners, within stipulated period."
The Standing Counsel has filed a counter affidavit stating that the claim for financial approval in respect of the appointment made by the petitioners cannot be considered in the light of the Government Order dated 30.10.2019 (Annexure CA-1 to the counter affidavit).
Learned counsel for the petitioners argues that the said Government Order dated 30.10.2019 has been quashed by this Court in Writ-A No. 351 of 2021 (C/M Shri Bihari Ji Inter College and Another Vs. State of U.P. and Others), decided on 14.6.2021.
In view of the fact that the Government Order, based upon which the claim is not being processed, has already been set aside, the present petition is disposed off with a mandamus upon the respondent no. 4 to take a decision in respect of the request made by the petitioner for grant of financial approval for the appointment made by them in accordance with law expeditiously, preferably within a period of three months from the date of filing of a copy of this order before the respondent concerned.
It is made clear that the ground of Government Order dated 30.10.2019 shall not be taken while considering the financial approval.
The petition stands disposed off.
Copy of the order downloaded from the official website of this Court shall be treated as certified copy of this order.
Order Date :- 28.9.2021 S. Rahman