Mahesh Chandra Tripathi, J. - (1.) Heard Sri Rahul Srivastava, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State respondent nos.1 to 3.
(2.) Notice need not be issued to the private respondents nos.4 and 5 in view of the order proposed to be passed. The petitioner is aggrieved by the order dated 06.5.2017 passed by the second respondent i.e. District Inspector of Schools, Allahabad, by which he has granted financial approval to the appointment of the petitioner fixing the GPF and other service benefits with effect from 7.3.2007 and for direction to the respondents to count his services with effect from the date of his initial appointment and to decide his representation dated 15.11.2017.
(3.) Record in question reflects that 'Jawahar Lal Nehru Mahaviddyala, Chaubara-Nyayipur, Allahabad (hereinafter referred to as the 'Institution) is recognized and aided institution under the provisions of U.P.Intermediate Education Act, 1921. The provisions of the U.P.High School and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971 as well as U. P. Secondary Education Services Selection Board Act, 1982 are fully applicable to the institution in question. There were 13 sanctioned posts of Class IV employees in the institution out of which, 7 posts were filled up by general category candidates while 4 posts were filled up by O.B.C. category candidates and 2 posts were filled up by SC/ST category candidates. Out of four Class-IV employees belonging to the OBC category, one Samaya Lal Beriyar retired on 31.3.1998 on account of which one post in OBC category fell vacant. Similarly, one Ram Lotan Shukla belonging to general category retired on 30.6.1998, hence one Class-IV post belonging to general category fell vacant. On 9.6.1998 the Principal of the institution sought prior permission of District Inspector of Schools, Allahabad for making selection on the aforesaid posts and the same was approved by the District Inspector of Schools on 22.8.1998. The Principal of the institution advertised both the vacancies in daily newspaper 'Hindustan' (Hindi) as well as 'Hindustan Times' (English) on 26.8.1998. The petitioner belongs to the O.B.C. category. In pursuance of the aforesaid advertisement, he applied for and was found to be most suitable candidate in OBC category on the basis of quality point marks secured by him in the interview. The Selection Committee vide order dated 5.9.1998 recommended for his appointment on the post in question. Consequently, the appointment letter was issued in his favour by the Principal and in pursuance thereof, he joined the post in question on 7.9.1998.;