- (1.) Heard Mr. Rajiv Singh Chauhan, learned Additional Chief Standing Counsel appearing on behalf of the appellants and Mr. Vinay Mishra, learned Counsel for the respondent.
(2.) This Special Appeal has been filed by the State authorities, challenging the judgment and order dated 7.7.2014 passed by the learned Single Judge in Writ Petition No. 263 of 2012 : Praveen Kumar Mishra Vs. State of U.P. and others, whereby the learned Single Judge has allowed the writ petition with the following directions : "The appointment of the petitioner on the Class IV post shall be deemed to have been approved by the District Basic Education Officer, in view of the provisions of Rule 15 (5) (iii) of the 1984 Rules. The petitioner shall be treated to have been duly and regularly appointed in the Class IV post in the Institution and he shall be entitled to his salary and all other consequential benefits as such. It is further directed that the salary and other benefit of the petitioner shall be released by the respondent no.3 within one month from the date a certified copy of this order is received in his office."
(3.) According to the appellants, Dr. Ram Manohar Lohia Vidyapeeth Maharajganj, Raibareli, is a recognized Institution and is on the grant-in-aid list w.e.f. December, 2006. As per standard, there is one post of Head Master, four posts of Assistant Teacher, one post of clerk and one Class-IV post, which have been sanctioned by the State authorities. It has been stated that when the Institution was not taken on grant-in-aid list, the District Basic Education Officer, Raibareli, vide letter dated 22.2.2006, granted permission to the Committee of Management of the Institution to advertise four posts of Assistant Teacher, one post of Clerk and one Class-IV post. In the meantime, the process of taking the institution in grant-in-aid started. At the time of spot inspection on 13.10.2006, against the sanctioned strength of 7 teachers and employees, all were found to be working and approved except Head Master of the Institution.;