- (1.) Heard learned Senior Advocate, Sri Ashok Khare, assisted by learned counsel for the appellant as well as learned Standing Counsel for State of U.P. and perused the material available on record.
(2.) This intra court appeal has been filed under Chapter VIII Rule 5 of Allahabad High Court, 1952 (in short '1952') against Judgment dated 18.02.2013 of learned Single Judge passed in writ petition No.8525 of 2013 (Birendra Singh Vs. State of U.P. And others.) whereby writ petition filed by petitioner-appellant has been dismissed.
(3.) According to the appellant, he was appointed as Additional Clerk in the Vadik Inter College, Somai, District Jalaun, which is a recognized and Government aided intermediate Institution. Salary of its teachers and other employees are paid under the provisions of U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The appellant was appointed with permission of District Inspector of Schools vide order dated 26.07.1987 on account of increased strength of students in the year 1987. After his appointment, the appellant was continuously working on the above post and getting salary. All of sudden vide order dated 4.12.2012, District Inspector of Schools, Jalaun issued a show cause notice to the petitioner-appellant in regard to the alleged disputed status of his employment and vide order dated 17.01.2013 salary of appellant has been stopped by District Inspector of Schools, Jalaun, on the ground of non availability of sanctioned post in the institution, at the time of appointment of the appellant.;