JUDGEMENT
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(1.) Heard counsel for the petitioner, learned standing counsel for respondents no.1 & 2 and Sri Syed Nadeem Ahmad for
respondents no.3 and 4.
(2.) The petitioner has prayed for a writ of certiorari quashing the communication dated 24.4.2017 by which Finance and
Accounts Officer, Basic Education, Mau, has raised doubts on
the validity of appointments of certain Clerks in different Junior
High Schools, including the petitioner herein. The petitioner
was appointed on vacant post of Clerk in respondent no.5
institution on basis of recommendation of the Section
Committee dated 30.3.2016. The District Basic Education
Officer, respondent no.3 granted approval to the said
appointment by order dated 31.3.2016. The petitioner was
issued appointment order on 4.4.4016 and he started working
since 9.4.2016. It seems that when the matter relating to
payment of salary to the petitioner came up before the Finance
and Accounts Officer, Basic Education, Mau, he was of the
opinion that there was a ban on appointments on Class III posts
in Junior High Schools. He has, therefore, sought clarification
from District Basic Education Officer as to how he has granted
approval and how salary could be paid to these persons.
(3.) The impugned communication refers to a Government Order dated 6.11.2015, whereby the ban imposed by Government
Order dated 15.3.2012 upon appointments on the posts of
teaching and non-teaching staff in various Junior High Schools
was relaxed in respect of vacant posts of Headmasters and
Assistant Teachers. The fourth respondent has concluded from
the said Government Order that the ban in respect of non-
teaching staff is thus still in operation.;
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