Court No. - 6
Case :- WRIT - A No. - 31336 of 2011 Petitioner :- Hirendra Kumar And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- R.L. Verma Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioners and the learned Standing Counsel for the State respondents.
This petition challenges an order dated 22 December 2008 pursuant to which the claim of the petitioner of having been legally appointed on a Class-IV post in the institution and consequently being included in the list of regular employees has come to be negatived. The case set forth before the Committee which was scrutinizing the appointments made in the institution concerned was that the petitioners' appointment was approved by an order dated 15 October 1997.
The issue itself had arisen in the backdrop of the institution having been taken on the grant-in-aid list with effect from 1 December 1998 and the consequential enquiry with respect to the validly appointed staff posted therein. The impugned order records that the report dated 5 December 2008 submitted before the Committee had found that the alleged order of approval dated 15 October 1997 did not find any mention in the original dispatch register maintained in the office of the District Inspector of Schools, Moradabad.
Despite repeated opportunities learned counsel for the petitioners was unable to draw the attention of the Court to any material or evidence which may have dislodged this recital as appearing in the order impugned. The reliance placed by the learned counsel on an order passed by a learned Judge in Writ Petition No. 17272 of 2009 (Anil Kumar And Others Vs. State of U.P. And Others) is also of no avail since no issue of fact or law was decided in that writ petition and the matter had only been remitted to the Regional Level Committee to reconsider the entire issue.
On an overall conspectus of the aforesaid facts, the Court finds no ground warranting interference with the order impugned.
The petition is dismissed.
Order Date :- 30.1.2019 Arun K. Singh (Yashwant Varma, J.)