- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) PETITIONER was appointed as clerk in D. A. V. Training College, Kanpur which is recognised under U. P. Intermediate Education Act, 1921. The College was brought on grant-in-aid list w. e. f. May 1979 and thereafter salary to its teachers and non-teaching staff was paid by the Government under U. P. Act No. 24 of 1971. Annexure 1 is an order dated 28. 11. 1979 issued by Deputy Director of Education (Finance) on behalf of Director of Education giving therein the details of approved/sanctioned strength of teachers and non-teach ing staff in the college in question for the purposes of payment of salary under U. P. Act No. 24 of 1971 w. e. f. 1. 5. 1979. The said list includes one Principal, one Professor, nine Lecturers and one head clerk. Against this entry of head clerk it is mentioned that the head clerk concerned is suspended w. e. f 27. 5. 1977. In the said list the other posts mentioned are of one Assistant Clerk, one Assistant Clerk-cum-librarian and four peons (IVth Class ). In the end of the said commu nication it is also specifically mentioned that Sri Manglesh Kumar Srivastava has been suspended by order of the Principal dated 27. 5. 1977. The said letter refers to letter dated 9. 10. 1979 of the Director of Education. Copy of letter dated 9. 10. 1979 is Annexure 2 to the writ petition. In the said letter names of the teachers and employees are mentioned. In respect of clerical staff only two names are mentioned in the said order. One is of Ganesh Ratan Nirmal, Assistant Clerk and the other is of Girish Chandra Khare, Assistant Clerk. PETITIONER was appointed on the post vacated by Girish Chandra Khare as he had left the job. The appointment was made in March, 1981 effective from 1. 4. 1981. It appears that afterwards suspension order of Akhilesh Kumar Srivastava, head clerk was revoked. For about two years petitioner worked and salary was also paid to him. Thereafter on 13. 1. 1983 impugned order of ces sation of petitioner's employment was passed, Copy of which is annexure 10 to the writ petition. In this order reference to order of Directorate dated 6. 11. 1982 has been made which is annexed as Annexure 10 (A) to the writ petition. Order dated 6. 11. 1982 has been issued by Assistant Deputy Director Education (training) for Directorate of Education U. P. The said communication states that in the College in question petitioner V. K. Shukla was granted temporary ap proval at the place of Sri Manglesh Kumar Srivastava who had earlier been suspended. It was further stated that as suspension order of Sri Srivastava had been revoked, hence services of the petitioner automatically came to an end. It is further mentioned in the said letter that as per rules in the training college only two posts of clerks could be sanctioned. It may be mentioned that earlier approval of the petitioner was granted by the Directorate on temporary basis. However, he was appointed on probation and was later on confirmed also by Board of Management of the College. In Annexure 1 it is clearly mentioned that one post of Head-Clerk, one post of Assistant Clerk and one post of Assistant Clerk-cum-librarian was sanc tioned. For 25 years, no counter affidavit has been filed. Learned standing Coun sel has not been able to show the Rules under which not more than one post in a training college may be sanctioned. In the appointment letter it was mentioned that petitioner was appointed at the place of Girish Chandra Khare and not at the place of Manglesh Kumar Srivastava. Even in Annexure 2 name of Girish Chandra Khare was mentioned. No document has been brought on record to show that appointment of petitioner was approved by Director/deputy Director at the place of Sri Manglesh Kumar Srivastava. Annexure 8 is ap proval letter issued by Assistant Deputy Director (training) dated 6. 10. 1981/7. 11. 1981. It states that appointment of Sri Shukla (petitioner) on the post of Assistant Clerk is approved w. e. f. the date of appointment tem porarily. Even in the said order it was not mentioned that the appointment was to remain in operation until continuance of suspension order of Manglesh Kumar Srivastava. Petitioner is working till date under interim order passed in this writ petition on 25. 2. 1983. Accordingly, writ petition is allowed impugned order is set aside. Position regarding number of sanctioned posts of clerks in the Institution in ques tion is not clear. In this regard Director/deputy Director concerned shall call the Manager and Principal of the College in question and take a decision re garding sanctioned strength of clerical staff in the college in question and if it is found that only two clerical posts are sanctioned/can be sanctioned then on the retirement of the next clerk of the college in question, no fresh appointment shall be made. Petition Allowed. .;