Mr. Pipersenia, learned Standing Counsel, appearing on behalf of the appellants, submits that appointment of respondent nos. 1 to 3 being a nullity, they are not entitled for payment of salary.
In support of the submission, reliance has been placed on a Division Bench decision of this Court in the case of Committee of Management vs. State of U.P. and others, reported in [(2009) 1 UPLBEC 381] Mr. R.K. Srivastava, appearing on behalf of respondent nos. 1 to 3, however, submits that in view of Government Order dated 6th of September, 1994, though, respondent nos. 1 to 3 are not possessing the B.T.C. qualification but there was no bar to their appointment. Reliance has been placed on a decision of learned Single Judge of this Court in the case of Manoj Kumar Singh and others vs. The District Basic Education Officer and another, reported in [(1999) 1 UPLBEC (Sum.) 4].
Mr. R. K. Srivastava prays for time to file counter affidavit.
List it on 25th of January, 2010.