- (1.) Heard Sri P.N. Saxena, Senior Advocate, assisted by Sri Amit Saxena, learned counsel for the appellant and Sri Som Narain Mishra, learned standing counsel for the State-Respondents. Perused the record.
(2.) This special appeal is preferred against the judgment and order dated 05.10.2004 passed by learned Single Judge in C.M. Writ Petition No. 12123 of 1994: Prabhu Nath Singh Vs. District Magistrate, Ballia & others, whereby writ petition of the petitioner was dismissed on the ground that appointment of petitioner was made in haste without waiting the permission of the District Inspector of Schools and the said appointment on the analysis of inquiry made by the C.B.C.I.D. was also found irregular.
(3.) Brief facts of the case are that on the retirement of Sri Ramji Singh, an Assistant Teacher L.T. Grade of P.D. Intermediate College, Gai-ghat, District Ballia (hereinafter referred to as 'Institution') on 30.6.1990, a vacancy fell vacant on the said post. The institution was said to be on the grant-in-aid of the State Government and is governed by the U.P. High School and Intermediate College (Payment of Salary to the teacher and other employee) Act 1971. For the vacant post, requisition was sent to the U.P. Secondary Education Service Selection Board/Commission, Allahabad on 8.9.1990 but when no response was given and the vacancy remained vacant, the management of the institution published an advertisement for filling up the vacancy. Pursuant to it, petitioner along with others applied for the post and was selected by the committee as Assistant Teacher in L.T. Grade on 23.12.1990. Consequently financial approval to the appointment was also given by the District Inspector of Schools on 2.7.1991. Petitioner joined the said post on 01.01.1991 and started working. He was paid salary, but after some time at the instance of the District Magistrate, petitioner's salary was stopped. The relevant finding of writ Court reads thus: "I have heard learned counsel for the parties. I find that when the vacancy arose on 30.6.1990 on the retirement of Sri Ramji Singh, proper requisition was to be sent to the Commission through the D.I.O.S. and on failure on the part of the commission to make appointment the petitioner's appointment might have been made by duly selected committee and by making advertisement in two popular and widely circulated news papers and the information of the out put was to be conveyed to the D.I.O.S. and after the approval of the D.I.O.S. The appointment was to be made, whereas, in the present case the appointment is said to have been made in haste without waiting the permission of the DIOS and the said appointment on the analysis of inquiry made by the C.B. C.I.D. was also found irregular as the petitioner's name was also shown at serial No. 2 of the report of C.B. C.I.D. where large number of appointments were said to have been made illegally. The report of district administration was only the piece of report, which is an essential, ingredient indicating that the appointment of the petitioner was not made in accordance with the procedure and the financial approval was erroneously given which could be rectified subsequently. The approval of appointment and financial approval could only be given to such appointment, which has been made against the existing vacancy, and strictly in consonance to the procedure and norms of relevant applicable law. In view of the above observations, the appointment of the petitioner was not duly made, therefore, the respondents cannot be directed to give financial approval.";