R.R. Yadav, J. - (1.) By filing the instant writ petition under Article 226 of the Constitution, the petitioner is seeking relief in the nature of certiorari for quashing the order dated 19.9.1995 (Annexure-3 to the writ petition) passed by Assistant Account Officer, respondent No. 4, whereby financial sanction relating to payment of salary of the petitioner is refused on the basis of Government Order dated 31.8.1991. It is further prayed by the petitioner that the respondents may be directed to pay her salary from 31.7.1993 till date and continue to pay her future salary as and when it falls due.
(2.) The factual matrix of the case necessary for just decision is that in recognised aided Non-Government College known as Raja Ram Manila Inter College, Budaun (hereinafter referred to as College) one Smt. Sahida Begam Kazmi was working as L.T. Grade teacher. She was given ad hoc promotion on the post of Lecturer Grade on substantive vacancy under the provisions of Section 18 of U. P. Secondary Education Service Commission Act, 1982 (hereinafter referred as Act of 1982) and First Removal of Difficulties Order, 1981. Due to ad hoc promotion of Smt. Sahida Begam Kazmi in Lecturer Grade, the post of L.T. Grade had fallen vacant as short-term vacancy and the Committee of 'Management under the provisions of Second Removal of Difficulties Order. 1981 and after following due procedure appointed Km. Mani Pandey, the petitioner, on the post of L.T. Grade and appointment letter was issued on 31.7.1993. After issuing appointment letter to the petitioner, her papers were sent for approval to R.I.G.S.. who did not communicate decision within stipulated period, but on 19.9.1995 impugned order (Annexure-3 to the writ petition) was passed by respondent No. 4 denying financial sanction on the ground of Government Order dated 31.8.1991. It is averred in the writ petition that petitioner is working on the short-term vacancy from the date of her appointment on the post of L.T. Grade teacher, but no salary is being paid to her.
(3.) After service of notice, respondents filed counter-affidavit wherein it is averred that the Committee of Management has illegally appointed petitioner on short-term vacancy on L.T. Grade Teacher, which has fallen vacant after promotion of Smt. Sahida Begam Kazmi from L.T. Grade teacher to the post of Lecture against the Government Order dated 24.6.1993 and order dated 31.8.1991 of the Director of Education. The order impugned dated 19.5.1995 (Annexure-3 to the writ petition) passed by respondent No. 4 refusing grant of financial sanction was justified on the aforesaid ground by the respondents.;