Court No. - 58
Case :- WRIT - A No. - 22887 of 2018 Petitioner :- Sandeep Kumar Tiwari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have appointed in Uchchatar Madhyamik Sanskrit Vidyalay, Patti Narendrapur, District Jaunpur. It is alleged that substantive post of Headmaster has fallen vacant whereafter petitioner has been appointed after following due procedure as per law. Since petitioner's claim for grant of financial approval has yet not been considered, he is before this Court.
Learned Standing Counsel, on the other hand, submits that procedure contemplated in the appropriate Govt. Order has not been followed before appointing the petitioner.
Be that as it may, it appears that petitioner's claim for grant of financial approval to his appointment has not been examined by the concerned authority, and therefore, this Court need not comment upon merits of petitioner's claim, at this stage.
This writ petition, accordingly, stands disposed off with a direction upon the respondent no.2 to accord consideration to petitioner's claim for grant of financial approval and appropriate order would be passed, in accordance with law, within a period of three months from the date of presentation of certified copy of this order. The authority competent shall examine validity of petitioner's appointment with reference to the procedure contemplated in law.
It is, however, clarified that this Court has not examined petitioner's claim on merits and all issues are left open to be considered by the authority competent, at the first instance.
Order Date :- 30.10.2018 Ashok Kr.