Devendra Kumar Upadhyaya, J. - (1.) HEARD Sri Ajay Sharma, learned Counsel for the petitioner, learned Standing Counsel for opposite party No. 1 and Sri Prashant Arora, learned Counsel appearing for District Basic Education Officer, Hardoi. Under challenge in the instant writ petition is an order dated 31.10.2007, passed by the District Basic Education Officer, Hardoi whereby representation made by the petitioner for payment of salary on the post of clerk in Jan Shyogi Sardar Patel Junior High Court, Selapur, Hardoi (herein after referred to an 'Institution') has been rejected. The said order has been passed in compliance of the order dated 13.9.2007, passed in an earlier writ petition filed by the petitioner bearing Writ Petition No. 5478 (SS) of 2007, Prabhu Dayal v. Stale of U.P. and others.
(2.) SUBMISSION of learned Counsel for the petitioner is that the petitioner's appointment on the post of clerk in the institution was made in accordance with rules and regarding the approval of his appointment, which was sought, the District Basic Education Officer sat tight over the matter and ultimately did not accord his approval, therefore, in terms of the provisions contained in Rule 15(5)(iii) of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of Ministerial Staff & Group 'D' Employees) Rules, 1984 (hereinafter referred to 'Service Rules'), it is a case of deemed approval of the selection and appointment of the petitioner, hence, he is entitled to be paid salary. Learned Counsel for the petitioner submits that on occurrence of substantive vacancy of clerk in the institution, the Management of the Institution made a request to the District Basic Education Officer by means of letter dated 16.2.2005 seeking his permission to publish advertisement for initiating selection process to fill up the said vacancy. The District Basic Education Officer in reply to the aforesaid letter 16.2.2005 appears to have intimated to the Management of the Institution that fresh appropriate proposal for filling up post in question be sent to him. Learned Counsel for the petitioner thereafter submits that since no permission to advertise the post was being given and the work of the Institution was suffering as such, in the exigency of work, the Management of the Institution issued advertisement on 4.5.2006 inviting applications from eligible candidates to participate in the selection for the post of clerk and accordingly the selection was held on 13.6.2006 in which, as per evaluation made by the selection committee, name of the petitioner was kept at Sl. No. 3 in the order of merit. Learned Counsel for the petitioner has submitted that a request was made to the District Basic Education Officer for according his approval to the appointment of the petitioner and for according financial sanction for payment of salary vide letter dated 19.6.2006. He further submits that on 9.8.2006, appointment order was issued pursuant to which petitioner submitted his joining in the Institution on 14.8.2006.
(3.) HOWEVER , the District Basic Education Officer by means of order dated 5.9.2006 sent back the papers submitted by the Management of the Institution seeking approval of the selection/appointment of the petitioner stating therein the certain reasons.;