Court No. - 18
Case :- WRIT - A No. - 8914 of 2018 Petitioner :- Sarik Ansari Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Rajendra Pratap Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
In view of the order proposed to be passed, notice need not go to respondent nos.4 and 5.
The petitioner is before this Court with the request to command the District Inspector of Schools, Kanpur Nagar to grant financial approval for the appointment of the petitioner on the post of Peon in "Sri Mathura Prasad Adarsh Inter College Rawaipur, District Kanpur Nagar". Further prayer has been made to direct the respondents to pay the salary month to month to the petitioner.
Learned counsel for the petitioner apprises to the Court that similar controversy has also come up before this Court in Writ-A No.61323 of 2015 (Smt. Hemlata Singh v. State of U.P. & Ors.) and the said writ petition was disposed of on 6.11.2015 with positive direction and as such it is contended that similar direction may also be passed in this writ petition also. The relevant portion of the judgment dated 06.11.2015 is quoted as under:-
" Since there is no other ground mentioned in the impugned order, the order impugned passed by the District Inspector of Schools dated 19th August, 2015 is unsustainable and it is set aside. The matter is remitted to the District Inspector of Schools to consider afresh ignoring the Government Order dated 04th September, 2013. However, in case the District Inspector of Schools accords the approval to the appointment of the petitioner, he will ensure that in the appointment letter of the petitioner it would be recorded that her appointment shall abide by the result of Writ Petition No. 62544 of 2013 (Committee of Management, Lala Babu Baizal Memorial Inter College v. Special Secretary, Government of Uttar Pradesh), which is pending before this Court and wherein the Government order dated 04th September, 2013 has been stayed.
The writ petition is, accordingly, disposed of. There shall be no order as to costs."
So far as the factual and legal aspect is concerned, the same is not disputed by learned Standing Counsel.
The writ petition is disposed of in the same terms as given in Smt. Hemlata Singh (Supra).
Order Date :- 29.3.2018 A. Pandey