Court No. - 36
Case :- WRIT - A No. - 1827 of 2021 Petitioner :- Sanjay Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Gopal Ji Rai, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the respondents.
The petitioner is before this Court with a request to issue direction to the third respondent/District Inspector of Schools, Ballia to take a decision with regard to approval of his appointment within some specific period.
Learned counsel for the petitioner submits that vide order dated 27.10.2010 passed by the Principal of the institution the petitioner was appointed as Class IV employee in "Shri Haribansh Baba Inter College, Ballia", which is recognized and aided institution and is governed by the provisions of U.P. Intermediate Education Act, 1921 and Payment of Salary Act, 1971. Thereafter, necessary documents were forwarded to District Inspector of Schools, Ballia for approval. However, no decision has yet been taken by the District Inspector of Schools, Ballia regarding the appointment of petitioner.
The matter was taken up on 05.2.2021 and on the said date, the time was accorded to learned Standing Counsel to seek necessary instructions in the matter.
Shri Devesh Vikram, learned Standing Counsel has placed the instructions dated 28.6.2021 indicating therein that the District Inspector of Schols, Ballia has made correspondence to the institution in question for submission of relevant papers so that needful may be done in the matter. It is submitted that the response from the management is still awaited. He has placed reliance on the order dated 13.8.2019 passed by the Apex Court in Special Leave Petition (Civil) Diary No.18529/2019 (State of Uttar Pradesh & ors vs. Principal, Abhay Nandan Inter College & ors) wherein the judgement and order dated 19.11.2018 passed in Writ C No.45060 of 2015 has been stayed.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending for consideration and without adverting on the merit of the case, the writ petition stands disposed of finally with observation that in case the management has not yet submitted the relevant papers, further request may be made to the Principals and management of the institution in question to submit the relevant papers within a period of three weeks' time from today so that final decision may be taken by the District Inspector of Schools, Ballia in further three weeks strictly in accordance with law and the order passed by the Apex Court.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Authority/Official shall verify the authenticity of such computerised copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 29.7.2021 RKP