SUSHIL KUMAR MISHRA Vs. D I O S , & OTHERS
LAWS(ALL)-2011-9-694
HIGH COURT OF ALLAHABAD
Decided on September 15,2011

SUSHIL KUMAR MISHRA Appellant
VERSUS
D I O S , And Others Respondents

JUDGEMENT

- (1.) Heard learned counsel for the petitioner and the learned Standing Counsel.
(2.) The only question in this petition is as to whether petitioner is entitled to salary from the date of his joining or from the date of issuance of the approval order by the District Inspector of Schools. The approval was granted to the petitioner pursuant to the order of this Court dated 7.7.1997 passed in Writ Petition No.35130 of 1995, Annexure 9 to the writ petition. The operative portion of the order reads as follows: " In that view of the matter, this writ petition succeeds and is allowed. The concerned respondent shall consider the case of approval of petitioner's appointment and payment of his salary in accordance with law in the light of the observation made above within a period of 8 weeks from the date a certified copy of this order is produced before the concerned respondent and shall communicate the decision thereof within two weeks. In case the decision is in the negative, the respondent shall give reasons. With these observations, the writ petition is disposed of. There will, however be no order as to costs."
(3.) Pursuant to the said order the District Inspector of Schools, Bhadoi passed an order dated 25.9.1997 granting approval to the services of the petitioner from the date of joining (Annexure no.2 to the writ petition). Subsequently by order dated 29.09.1998 the District Inspect of Schools, Bhadoi modified the order of approval to the extent that the petitioner would be entitled to salary from the date of issuance of the approval order i.e. 25.9.1997 and not from the date of assuming charge. It is this order which is challenged in the present petition.;


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