R.M. Sahai, K.P. Singh, JJ. - (1.) This petition is directed against order dated 12th July, 1985 by which District Inspector of Schools has refused to absorb the petitioner as Class IV employee and directed the Principal to make appointment in the fifth vacancy. Admittedly, School was a Junior High School which was upgraded as High School in 1977. While upgrading it the sanctioned strength of peons was determined at five. The order further provided that those who were working should be absorbed. It is claimed by the petitioner that he was appointed in 1975 by the Principal and was working on the date when the institution was upgraded. Therefore, he was entitled to be absorbed as Class fifth IV employee in the institution. The claim appears to be well founded. From Annexure 1 it is clear that petitioner was appointed in 1975. An attempt has been made to establish that he was appointed in 1984. But that appears to be baseless. The Annexure-II filed with counter-affidavit does not inspire confidence because the Inspector of Schools has himself mentioned that petitioner was IV class employee. He did not permit absorption because sanctioned strength of peons in Junior High School was three. Therefore, appointment of petitioner prior to 1977 cannot be challenged. The only question is if he could be absorbed. That presents no difficulty. The order of sanction does not restrict that those who were above sanctioned strength of Junior High School shall not be absorbed. It is just the otherwise. Therefore, even assuming that petitioner was beyond the sanctioned strength of Junior High School on the date the institution was upgraded but the strength having been raised to five he became entitled to be absorbed.
(2.) In the circumstances the petition succeeds and is allowed. The impugned order dated 12th July, 1985, refusing to absorb the petitioner as Class IV employee is quashed. The petitioner shall be paid his salary. There shall be no order as to costs. Petition allowed.;