Court No. - 39
Case :- SPECIAL APPEAL No. - 204 of 2018 Appellant :- Trilok Singh Adhikari Respondent :- Director Of Education (Higher) And 2 Others Counsel for Appellant :- Kamlesh Shukla Counsel for Respondent :- C.S.C.
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal arises out of a judgment and order dated 31 January 2018 of a learned Judge of this Court by which Writ-A No. 45375 of 1999 filed by the appellant was partly allowed.
The learned Judge noticed that even according to the writ petitioner, he was appointed as a Class-III employee by the Principal of Gulab Singh Hindu Mahavidyalaya, Chandpur Siau, District Bijnor, though the power to make an appointment on Class-III post is of the Committee of Management. The appointment of the writ petitioner was, therefore, void ab initio and did not confer a right to receive salary. However as the salary paid to the petitioner had to be protected, the order passed for the recovery of the amount has been set aside to that extent.
Learned counsel for the appellant submitted that though the writ petitioner may have been appointed by the Principal but subsequently his appointment was approved by the Controller. This would not validate the appointment order as the Principal of the College did not have the authority to appoint the writ petitioner on a Class-III post.
The Special Appeal is, accordingly, dismissed.
Order Date :- 24.4.2018 Sartaj (Dilip Gupta,J.) (Neeraj Tiwari,J.)