A.P.SAHI,J. - (1.) HEARD Shri Anurag Khanna, learned counsel for the appellant and Shri M.S. Pipersenia, learned Standing Counsel appearing for respondent nos. 1 and 2.
(2.) THE writ petitioner - appellant Mahfooz Ahmad is claiming salary from the date of his appointment, i.e. 21.01.2008 on the ground that his appointment stood already approved under the regulations but he has been denied salary without looking to the provisions, which entitle the appellant to receive salary from the date of his appointment. The controversy had come up before this Court earlier in Civil Misc. Writ Petition No. 65710 of 2008 and a learned Single Judge of this Court after traversing the facts came to the conclusion that the appointment of Mohd. Asif Iqbal on compassionate basis against the same post on which the appellant had been selected was illegal and accordingly the order of appointment of Mohd. Asif Iqbal was quashed by order dated 21st July, 2009.
(3.) IT has been pointed out by Mr. Anurag Khanna, learned counsel for the appellant that in the said writ petition, an interim order was passed on 18th December, 2008 whereby a restraint was put on the respondents permitting the joining of Mohd. Asif Iqbal. A perusal of the judgment dated 21st July, 2009 indicates that the selection and appointment of the appellant was directed to be looked into and examined by the District Inspector of Schools strictly in accordance with the provisions contained in Section 16 -FF of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Act 1921').;