- (1.) The Petitioner, Mahesh Chandra Sharma, claims salary on the post of a teacher in the L.T. grade which has been denied to him by the District Inspector of Schools. Aligarh, by his order of 24 April, 1993 (Annexure 10 to the writ petition).
(2.) The contention in the writ petition is that the Petitioner had been appointed on a sanctioned post and, thus, he is entitled to continue and receive consequential salary. The issue is not whether the Petitioner had been appointed on a sanctioned post on a clear vacancy, but whether the Petitioner's appointment, itself, has been sanctioned.
(3.) It is on record in paragraph 9 of the writ petition that the intimation of the vacancy has been sent to the District Inspector of Schools on 10 August, 1990 (Annexure-3 to the writ petition). In this context, in so far as the Petitioner is concerned, he had, already been processed for an appointment on 28 July, 1990 and permitted to join duties at the Institution by the Management. These facts are referred to in paragraph 12 and 13 of the writ petition and correspond to Annexure-4 and 5 to the writ petition. It is also on record that the approval which the Petitioner claims, for whatever It was worth, from a clerk in the officer of District Inspector of Schools, Is questionable. In so far as the Accounts Officer was concerned, be was awaiting the requisite approval which ought to be granted by the District Inspector of Schools;