- (1.) C/M, Laxmi Raj Devi Inter College & Another, Ballia Thru Manager is before this Court, assailing the validity of the order dated 26th April, 2017 passed in Writ A-No. 12114 of 2017 (C/M Laxmi Raj Devi Inter College & Another, Ballia, Thru Manager & Anr. Vs. State of U.P. and others), which are as follows: "Short counter affidavit and rejoinder affidavit filed today are taken on record.List in the next week for final hearing.It is made clear that in case the respondents no. 5 and 6 have been paid any salary in 2017, they will continue to get the salary.Till the next date of listing, the parties shall maintain status quo with regard to working of respondents no. 5 and 6."
(2.) Committee of Management of Laxmi Raj Devi Inter College is contending before us that in the present case at no point of time Sanjay Kumar Pandey and Anil Kumar have ever been appointed in the institution concerned and the fact of the matter is that there is no sanctioned post against which they could have claimed appointment and, in such a situation and in this background, directives that have been so issued by the learned Single Judge that in case the respondent nos. 5 and 6 have been paid any salary in 2017, they will continue to get the salary, would certainly perpetuate illegality in the facts of the case.
(3.) Mention has been made in this regard that on the earlier occasion when both these incumbents has filed writ petition before this Court, the District Inspector of Schools, in his turn, has proceeded to file counter affidavit and in the said counter affidavit a clear cut mention has been made that the appointment in question was illegal and financial approval of the appointment of respondent nos. 4 and 5 has been alleged to have been given by the In-charge District Inspector of Schools Sri Ram Ganesh against whom detailed judgement has been passed by this Court in Writ Petition No. 23408 of 1994 and therein it has been held that aforesaid Ram Ganesh has got no authority to take administrative decisions. It has also been contended that the writ petition in question was subsequently got dismissed as not pressed and, thereafter, another writ petition has been filed and based on the same, altogether unwarranted orders have been passed.;