Court No. - 34
Case :- WRIT - A No. - 52430 of 2002 Petitioner :- Jagdish Prasad Respondent :- D.I.O.S. Sonbhadra and others Counsel for Petitioner :- Satya Dhar Dubey, Pradeep Verma, Vinay Kumar Vishwakarma Counsel for Respondent :- C.S.C
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Pradeep Verma, Advocate for petitioner and learned Standing Counsel for respondents.
2. Counsel for petitioner, at the outset, pressed relief-B whereby he has sought a mandamus directing the respondents to decide his representation dated 16.10.2002 (Annexure-10 to the writ petition). He claims to have been appointed on a Class-IV post but grievance is that he is not being paid salary.
3. No letter of appointment has been placed on record and there is nothing placed before this Court to show that petitioner was appointed on a Class- IV post in accordance with relevant Rules and, therefore, in my view matter requires investigation into facts on this aspect by the competent authority.
4. I, therefore, dispose of this writ petition directing District Inspector of Schools, Sonbhadra, respondent-1, to look into the matter and pass a reasoned order within two months from the date of production of a certified copy of this order, but while deciding the matter, he shall also examine whether petitioner has been appointed on the post in question at all and whether his appointment was made in accordance with Rules and procedure prescribed therein. If he finds every thing in order, then appropriate steps shall be taken to ensure payment of salary within three months thereafter.
Order Date :- 21.12.2018 PS