Court No. - 34
Case :- WRIT - A No. - 22531 of 2015 Petitioner :- Vijendra Kumar And 5 Ors.
Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- D.P. Shukla,Rajesh Srivastava,S.P. Pandey,Sanjay Srivastava,Sanjeev Singh,Suresh Bahadur Singh Counsel for Respondent :- C.S.C.,N.K. Chaturvedi
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
This petition has been preferred seeking the following reliefs:
"(i) Issue a writ order in the nature of certiorari quashing the order dated 19.03.2015 passed by the District Inspector of Schools, Deoria (filed as Annexure No. 14 to this writ petition).
(ii) Issue a writ order in the nature of mandamus commanding the Respondents to pay salary to the petitioners including arrears thereof alongwith all emoluments as admissible under law within some specify period as this Hon'ble court may deem fit and proper in the circumstances of the case."
The petitioners claim to have been appointed on a Class -IV post consequent to a selection process initiated by the respondents 5 and 6. According to the petitioners, the aforesaid process was initiated after obtaining approval of the District Inspector of Schools. The writ petition proceeds on the premise that there were 12 sanctioned posts of Class -IV employees in the institution.
However, the impugned order records that at the time when the institution was extended financial aid in 1989-90, only 5 posts for Class -IV staff were sanctioned. Against the aforesaid sanctioned strength, the respondents at the time of inspection found 11 Class IV employees working. The respondents also place reliance upon the the Government Order dated 22 February 2013 in terms of which 5 posts in the Class -IV cadre alone was liable to be recognised as the sanctioned strength. It has further been found that against the sanctioned strength of five, three Class -IV staff were already working when the fresh selection process was initiated and pursuant to which the petitioners were selected and appointed. Bearing the aforesaid facts in mind, the Court finds no ground to interfere with the order impugned.
The writ petition shall stand dismissed.
Order Date :- 22.9.2021 Arun K. Singh