Devendra Kumar Upadhyaya, J. - (1.) HEARD Sri Jay Narain Mishra, learned Counsel for the petitioner and learned Standing Counsel appearing for the respondents. By means of the instant writ petition the petitioner, who is working on Class -IV post in Vasi Naqvi National Inter College, Raebareli, has prayed that appropriate direction be issued to the District Inspector of Schools, Raebareli to pay him alleged arrears of salary for the period from 26.5.2008 to 31.5.2009.
(2.) THE facts of the case, which are not in dispute, are that on occurrence of a clear vacancy in Class -IV post, the Institution sought permission of the District Inspector of Schools, Raebareli to fill up the said vacancy which was granted by the District Inspector of Schools, Raebareli by means of letter/order dated 18.2.2008. On getting the permission of the District Inspector of Schools to fill up the post, selection procedure was resorted to and in the said selection it is alleged that petitioner was selected. The necessary papers were sent to the office of District Inspector of Schools seeking his approval as required under Regulation 101 of Chapter III of the Regulations framed under U.P. Intermediate Education Act. District Inspector of Schools appears to have referred the matter to the Joint Director, Secondary Education, VI Region, Lucknow by means of his letter dated 11.11.2008. The Joint Director, Secondary Education ultimately passed an order on 6.3.2009 for payment of salary to the petitioner after selection of the petitioner was approved.
(3.) LEARNED Counsel for the petitioner states that pursuant to the order dated 6.3.2009 whereby Joint Director, Secondary Education accorded financial approval to the appointment of the petitioner, District Inspector of Schools, Raebareli by means of letter dated 23.3.2009 accorded his approval to the selection of the petitioner and thus, according to the learned Counsel for the petitioner, petitioner became entitled to be paid his salary from the State Exchequer only after approval of his selection was accorded by the District Inspector of Schools by means of letter dated 23.3.2009 wherein it has been directed that petitioner be paid salary w.e.f. the date of his joining.;