- (1.) A post of clerk is stated to have fallen vacant on 3.1.2012. Intimation of it was given to the District Inspector of Schools on 8.1.2012. It is stated that no appointment was made and consequently, the authorised controller proceeded to advertise the post on 10.3.2012. It is claimed that pursuant to an advertisement, selection committee was constituted which has selected the petitioner. The authorised controller, vide his letter dated 24.3.2012 has forwarded the papers to the District Inspector of Schools, Balrampur for consideration and approval of appointment, which is stated to be pending.
(2.) RESPONDENT no. 7 has filed an impleadment application and also a counter affidavit, according to which, the post in question was to be filled by way of promotion and the District Inspector of Schools has approved the promotion of respondent no. 7 on 31.1.2013 and that the said respondent no.7 is working pursuant to an appointment order issued on 4.2.2013.
(3.) LEARNED counsel for the petitioner submits that although an appointment letter dated 4.2.2013 is stated to have been issued in favour of respondent no. 7 but infact, the respondent no. 7 has neither been appointed nor he has actually been working in the institution ever since then. Rather, it is claimed by the counsel for the petitioner, that the petitioner is continuing as clerk in the institution and he is entitled to be paid salary. Following prayers have been made in the writ petition: - " I. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite parties to pay the regular salary to the petitioner with w.e.f. 26.3.2012 for the post of the clerk in Balrampur Balika Inter College, Balrampur District Balrampur U.P. II. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing to the opposite parties i.e. to the District Inspector of Schools Balrampur to issue the order of approval of petitioner for the post of clerk in the Balrampur Balika Inter College, Balrampur U.P. and to ensure payment of regular salary of petitioner regularly month to month alongwith its arrears and appropriate interests since the date of his joining 26.3.2012 in the interest of justice. III. Issue any other order or direction in favour of the petitioner, which this Hon'ble Court may deem fit, just and proper under circumstances of the case. IV. Allow this writ petition of the petitioner with appropriate costs in the interest of justice.;