Rakesh Tiwari - (1.) -Heard Sri S. N. Shukla, learned counsel for the petitioner at length.
(2.) THE petitioner was appointed as an Assistant Clerk in Lala Karam Chand Thapar Inter College, Deoria by the Committee of Management vide resolution dated 26.11.1992, which has been appended as Annexure-1 to the writ petition. He submits that there was no advertisement issued by the respondents for the appointment of the petitioner on the post in question. Vide Annexure-2 the D.I.O.S. had made certain queries regarding sanctioned strength of the post of Clerk in the college in question. According to the D.I.O.S. the appointment of the petitioner was not in accordance with law and he did not accord financial approval to his appointment. The contention of the petitioner is that vide Annexure-8 the D.I.O.S. had granted approval to the appointment of one Bhartendu Sharma but this letter is silent about the petitioner. He also contends that there is no provision for making appointment on the post of Class III and Class IV posts in Intermediate College. The standing counsel submits that the Committee of Management has passed the resolution without any authority of law for filling up the vacancy and that the vacancy has to be filled up by way of 50% promotion amongst the senior most class IV employee. It is contended by the learned standing counsel that the petitioner has no claim for payment of salary and it cannot be released in his favour as the appointment of the petitioner was neither in accordance with law nor financial sanction was granted to him by the D.I.O.S. Learned counsel for the petitioner was given an opportunity to file an affidavit annexing therewith copy of the advertisement for the post in question. The petitioner has not filed copy of advertisement. Referring to Annexure-1 to the writ petition, it is submitted that in meeting dated 26.11.1992 it was resolved that petitioner may be appointed in place of Gorakh Nath Verma and approval for financial sanction may be taken from District Inspector of Schools. This resolution is signed only by Sri B. L. Rai alleged to be Chairman but it does not show who were the members of the Committee of Management who had attended meeting dated 26.11.1992 and other person except B. L. Rai is signatory of said resolution. Annexure-2 is the appointment letter of the petitioner dated 27.11.1992 said to have been issued in pursuance of resolution by the Committee of Management dated 26.11.1992, appointing the petitioner on the post of Assistant Clerk on ad hoc basis. According to the letter dated 1.12.1992 Annexure-3 to the writ petition it appears that the petitioner joined as Assistant Clerk and by letter dated 21.12.1992 (Annexure-4 to the writ petition) the Manager had requested the District Inspector of Schools for grant of financial approval to the appointment of petitioner, Amar Nath.
(3.) THE counsel for the petitioner submits that Annexure-5 is the representation filed by the petitioner before the District Inspector of Schools, Deoria in which he has requested the District Inspector of Schools to accord financial approval to the appointment of the petitioner. A perusal of letter dated 9.2.1993 Annexure-7 to the writ petition sent by District Inspector of Schools, Deoria to the Manager of the institution shows that a query was made by the District Inspector of Schools from the management of the college as to how the appointment of the petitioner had been made as there was no post of clerk vacant for being filled up by direct recruitment on the date of the resolution. Letter dated 9.2.1993 is as under : ...[VERNACULAR TEXT OMMITED]...;