Court No. - 28
Case :- WRIT - A No. - 35052 of 1999 Petitioner :- Vijay Kumar Pandey Respondent :- State Of U.P. & Others Counsel for Petitioner :- Ashwani Mishra,A.S. Mishra Counsel for Respondent :- S.C.,G.C. Upadhyay,M. Singh,M.C. Singh,T.P. Singh,T.P. Srivastava,V.D.Tiwari
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the parties.
The only dispute in the writ petition is, whether the petitioner is entitled to get salary from the date of appointment on the post of Assistant Teacher by the Committee of Management or from the date of approval of appointment of the District Inspector of Schools.
Learned counsel for the petitioner has relied upon the judgement in the case of Ravindra Kumar Vs. State of
U.P. and otehrs, 2010 (8) ADJ 400 wherein it has been held that if a person has been appointed in accordance with and the statute it casts upon him duty to approve or disapprove the same, authority is obliged to discharge his duties in accordance with law as early as possible. The delay in performance of duty cannot be a ground for denying salary to a person.
In view of the above decision of this Court, the writ petition of the petitioner is allowed with the observations that the petitioner shall be entitled to get his salary from the date of appointment i.e. 01.02.1997 to 09.10.2001, when approval to his appointment was granted.
Order Date :- 30.3.2018/Ruchi Agrahari