Saurabh Shyam Shamshery, J. - (1.) Petitioners have approached this Court by way of filing present writ petition seeking a writ of certiorari for quashing the order dated 19.5.2005 passed by the District Inspector of Schools, Mainpuri, whereby financial approval to the appointment of the petitioners on Class IV posts in the Government Girls Inter College Mainpuri was declined.
(2.) A co-ordinate Bench of this Court, vide order dated 18.4.2014, allowed the present writ petition and set aside the impugned order dated 19.5.2005, with the direction to respondent nos.2 and 3 to pay the salary and arrears of the petitioners, in accordance with law.
(3.) State of U.P. being aggrieved, preferred Special Appeal Defective No.177 of 2015 before the Division Bench of this Court and the said appeal was allowed, vide order dated 28.4.2017 wherein the order dated 18.4.2014 passed by the co-ordinate Bench of this Court was set aside and writ petition was restored to decide afresh in the light of the observations made in the order. The order dated 28.4.2017 is mentioned hereinafter:- "Heard learned counsel for the parties. Cause shown for the delay of 277 days in filing of the instant appeal is to the satisfaction of the Court. Delay is condoned. The delay condonation application stands allowed. Heard learned counsel for the parties. The judgement and order under appeal is liable to be set aside on a short ground i.e. the learned Single Judge has not examined as to what was the constitution of the Selection Committee, which had recommended the petitioners for appointment on Class-IV posts in Government Girls Inter College, Mainpuri and whether procedure prescribed has been followed or not. Selection has to be in conformity with the provision of 'Group D' Employees Service (U.P.) Rules, 1985. It has also to be ascertained as to whether there has been strict compliance of the 'Group D' Employees Service Rules, 1985, both in the matter of publication of advertisement, invitation for calling of name from employment exchange constitution of selection committee and the procedure of selection thereto. Since the aforesaid aspect of the matter has escaped the attention of learned Single Judge the judgement and order dated 18.4.2014 is hereby set aside. Mere deposit of the money with the advertisers cannot lead to a presumption that advertisement infact had been published in the news paper. The petitioner had obliged to produce the news paper in support of his contention that there has been due advertisement. We further find that learned Single Judge has also not adverted to the issue of ban imposed on Class-IV appointment, which aspect in our opinion is also crucial before any mandamus can be issued for payment of salary mere information of the vacancies / advertisement to the higher authorities will not lead to presume that the ban imposed by the State Government has been diluted. For all the aforesaid reasons, judgement and order dated 18.4.2014 is hereby set aside. The writ petition is restored to its original number. Let the same be decided in light of the observation made hereinabove . With the aforesaid observations, the appeal is allowed.";