Court No. - 37
Case :- WRIT - A No. - 14906 of 2019 Petitioner :- Pati Ram And 2 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Hari Nath Tripathi,Alok Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
The petitioners claimed that they are Class-IV employees of an intermediate college run by Municipality, Bareilly. They were selected on 28.6.2010 and papers were forwarded to the D.I.O.S., who forwarded the papers for financial approval before the Regional Level Committee on 14.9.2010, but no decision was taken. Therefore, a writ petition was filed and the Regional Level Committee was directed to take a decision and now the impugned order dated 30.7.2019 has been passed holding that the appointing authority in an institution, which is run by the Municipality, is the Municipal Commissioner, and, therefore, no approval can be granted. This controversy has already settled by this Court in the case of Shyam Lal and another Vs. State of U.P. and others, reported in 2011 (4) UPLBEC 2830 by which it was held that even if the institution is run by the Municipality, but the provisions of U.P. Intermediate Education Act, 1921 would be fully applicable.
The writ petition is disposed of with the direction to the Regional Level Committee-respondent no. 2 to reconsider its decision in the light of the decision of this Court in the case of Shyam Lal and another (supra) and pass a fresh order, as far as possible, within a period of two months from the date a certified copy of this order is presented before it.
Order Date :- 26.9.2019 Sunil Kr. Gupta