Court No. - 34
Case :- WRIT - A No. - 18093 of 2000 Petitioner :- Santosh Kumar And Another Respondent :- District Inspector of Schools, Etawah And Others Counsel for Petitioner :- Ashok Khare,K.M.Asthana Counsel for Respondent :- C.S.C.,Ramesh Upadhaya,S.B.K.Srivaastava
Hon'ble Sudhir Agarwal,J.
1. Heard Sri K.M. Asthana, learned counsel for petitioners and learned Standing Counsel for Respondents-1, 2 and 5. None appeared on behalf of Respondents-3 and 4 though the case is called in revised.
2. Petitioners were selected for appointment to Class-IV vacancies which occurred due to retirements of Sri Prabhu Dayal and Sri Hari Bilas, permanent Class-IV employees on 31.07.1998 and 31.01.1999, respectively from Mahatma Gandhi Sainik Inter College, Pachayan Gaon, District Etawah (hereinafter referred to as "College"). Papers were forwarded to District Inspector of Schools, Etawah (hereinafter referred to as "DIOS") on 13.01.2000. Having not received any reply from DIOS, appointment letters were issued on 18.01.2000.
3. Since no payment of salary was made, petitioners approached this Court in Writ Petition No. 7192 of 2000 which was disposed of on 11.02.2000 directing DIOS to pass appropriate order, whereupon impugned order dated 08.03.2000 has been passed holding that before advertisement no sanction was obtained from DIOS, reservation policy has not been followed and compassionate appointment has not been considered.
4. It is contended that under Regulation 101 Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921") there is no requirement of any sanction or approval from DIOS before advertisement but before appointment document were sent and when DIOS failed to communicate any decision within prescribed time thereafter appointment was made. It is further submitted that DIOS subsequently could not have declined approval stating that there is no provision of deemed approval under Regulation 101.
5. Issue, whether any approval before advertisement is necessary or not has been set at rest by a Division Bench in Jagdish Singh Vs. State of U.P. and others, 2006(3) ESC 2055 and it is held that once there is a deemed approval, DIOS could not have denied salary.
6. In view thereof, writ petition is allowed. Impugned order dated 08.03.2000 is hereby set aside.
Order Date :- 22.2.2019 AK