ABHINAVA UPADHYA,J. - (1.) HEARD Shri S.P. Pandey, learned counsel for the petitioner as well as learned counsel for the respondent no. 4 and the learned standing counsel. None appears on behalf of the Committee of Management.
(2.) SHRI Pandey, learned counsel for the petitioner submits that the petitioner was appointed as untrained teacher in a primary School known as Adarsh Anusuchi Primary Pathshala, Pipra, Kachhar, District Mau. He was being paid salary by the Committee of Management. The said institution was taken under the grant-in-aid list by the Social Welfare Department in the year 1981-82. According to the petitioner prior to the institution coming under the grant-in-aid list, there were six teachers in the institution. The petitioner was at serial no. 5. When the institution was aided by the Social Welfare Department only four posts were sanctioned, and therefore, the petitioner being at serial no. 5 was not accorded approval for payment of salary by the Department. It is further submitted that the committee of management continued the petitioner under its employment and also paid him salary from its own resources. According to the learned counsel for the petitioner he is still employed in the institution and working as a teacher. In the year 1996, realising the need of more teachers the State authorities sanctioned two more posts of Assistant Teachers in the institution. It is alleged that since the petitioner was already teaching in the institution he claimed that he should be adjusted against one of the two newly sanctioned posts, and applied for approval before the District Social Welfare Officer.
(3.) IT appears that the authority for grant of approval for the purpose of payment of salary to the Assistant Teachers was taken away from the District Social Welfare Officer and now vests with the Director, Social Welfare, Lucknow, U.P.;