- (1.) HEARD learned counsel for the petitioner, learned Standing Counsel and perused the record.
(2.) THE present writ petition has been preferred for quashing of the impugned order dated 5.6.2006 passed by respondent no.3, D.I.O.S., Azamgarh (annexure 10 to this writ petition) rejecting the claim of the petitioner for payment of salary for Assistant Teacher (P.T.). The brief facts of the present case are that after retirement of Assistant Teacher (P.T.) in Sri Mathura Inter College, Naharpur, District Azamgarh the meeting of committee of management took place on 5.7.2000 and the vacancy was communicated through D.I.O.S. with request to grant permission for temporary appointment. The requisition was sent by the committee of management for selection of Assistant Teacher (P.T.). Since there was no other Assistant Teacher (P.T.) was available hence the permission was sought by the committee of management for Ad-hoc appointment. The D.I.O.S. by letter/order dated 17.9.2000 granted permission for Ad-hoc appointment on the post of Assistant Teacher (P.T.) till the selection of Assistant Teacher (P.T.) by the U.P. Secondary Education Selection Board. Thereafter, committee of management invited applications for post of Assistant Teacher (P.T.). The advertisement was published in 'Dainik Jagran' and 'Aaj' daily news paper on 11.1.2001 and 22.1.2001. The qualification of the petitioner was B.Ed and D.P.Ed. hence he also applied. Subsequently, he appeared before the selection committee on 28.2.2001 and he was selected and his case was considered by the committee of management on 28.2.2001. Since petitioner was found suitable hence resolution was passed in his favour. The petitioner joined the institution on 30.3.2001. Regarding appointment of petitioner letter was sent for financial approval on 1.9.2001, which was received in the office of D.I.O.S. The certain clarification was sought by the D.I.O.S. on 17.1.2001 regarding which reply was submitted by the Manager/Principal on 28.1.2001. However, even after that no action was taken to grant financial approval for payment of salary. Therefore, writ petition no.21044 of 2002 was filed before this Court. After exchange of counter and rejoinder affidavits, the petition was finally disposed off on 24.10.2005 with the direction to consider the representation of the petitioner by respondent no.3, D.I.O.S., Azamgarh. Thereafter by impugned order dated 5.6.2006 the representation was rejected by the respondent no.3 hence the present writ petition has been filed.
(3.) LEARNED counsel for the petitioner submitted that the appointment of the petitioner was after requisition was sent by the committee of management and after communication of the vacancy and approval of the D.I.O.S., Azamgarh. Hence petitioner was entitled for payment of salary. However, D.I.O.S. merely on the ground that selection was to be made by the board refused to grant financial approval for payment of salary. He further submitted that the petition was filed by one Satish Kumar Srivastava, who was also appointed as lecturer in the institution and after direction of the High Court the approval has been granted and he is getting salary.;