A.P.SAHI,J. - (1.) THE petitioner Committee of Management has come up against the order dated 19.5.2009 passed by the Regional Committee, Allahabad Region, Allahabad questioning the correctness of the order on the ground that the reduction in number of Class-IV employee, which has been indicated in the impugned order, is against law and contrary to the norms fixed by the respondents themselves.
(2.) THE matter was placed before the Regional Level Committee on account of a direction issued by this Court on 2nd April, 2009 in Civil Misc. Writ Petition No. 18041 of 2009. A copy of the judgment has been appended as annexure 6 to the writ petition. A perusal of the same indicates that the Regional Level Committee had earlier passed the order without giving any notice or opportunity to the petitioners' Committee and without considering the relevant Government Orders, as a result whereof, the order dated 21.8.2008 was set aside and the matter was remitted back to the Regional Committee to be decided afresh. The matter was again examined and the petitioner Committee of Management relied on the recognition order with regard to sanction of posts dated 11.6.1974. A copy of the said order has been appended as Annexure 1 to the writ petition. Subsequently, it appears that the strength of the employees was indicated by an order dated 25.1.1985, a copy whereof is Annexure 10 to the writ petition and the strength of Class IV post shrunk to 12. When the Committee of Management proceeded to make an appointment upon a vacancy having arisen, the said matter was placed before the Regional Level Committee whereafter the order dated 21.8.2008 had been passed, which was quashed by this Court and the matter was remitted back. According to the impugned order the recognition and the sanction of the posts in the year 1974 stood merged in the order dated 25.1.1985 and even otherwise according to the norms fixed, the institution could not have more than 12 posts of Class-IV employee.
(3.) THE Committee of Management supplied the documents and urged that the stand taken by the authorities was not correct and in view of the strength of the students of the institution the petitioner is entitled to retain 16 posts against which employees have continued to function and have received their salary.;