SAHAJ KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Supplementary affidavit filed by the appellant is taken on record.

(2.) This appeal questions the correctness of the judgment of the learned Single Judge dated 17.5.2016, whereby the learned Single Judge has arrived at the conclusion that the appellant who was claiming salary on the post of Assistant Clerk in an Intermediate College governed by the provisions of the U.P. Intermediate Education Act, 1921 was not entitled for such salary as he was not working against any sanctioned post. The findings so recorded have not been successfully disputed before us and there is no order sanctioning the post as on the date when the appointment of the appellant was made.

(3.) The petitioner on filing of the petition was granted an interim order dated 30.05.2008, whereby the respondent No.3 was called upon to make payment of salary to the appellant. The appellant thereafter continued in service and also received the salary from State Funds.