LAWS(ALL)-2014-4-416

MAHESH CHAND Vs. STATE OF U P

Decided On April 18, 2014
MAHESH CHAND Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) THIS writ petition has been filed seeking a writ of certiorari for quashing the order dated 19.5.2005 passed by the District Inspector of Schools, Mainpuri refusing financial approval to the appointment of the petitioners on class -IV posts in the Government Girls Inter College, Mainpuri.

(2.) THE facts of the case relevant for deciding the controversy in the instant writ petition are as follows.

(3.) TWO posts of Chaukidar fell vacant in the Government Girls Inter College, Mainpuri. The first, vacancy arose on the retirement of the incumbent while the second, came into existence as the incumbent was transferred to another institution. The aforesaid vacancies were advertised by the Principal -respondent no. 2. The first advertisement was published in the Daily Dainik Jantantra on 25.3.2001. The advertisement was also published in Danik Sach Kya Hain. As per the advertisements, one post was reserved for the Scheduled Cases candidate and one for OBC candidate and the last date for making an application was 7.4.2001. It is further alleged that the appointments were made in accordance with Section 19 of 'Group D' Employees Service (U.P.) Rules, 1985. The Selection Committee was duly constituted which selected the petitioners on 8.4.2001. Appointment letters were thereafter issued and the petitioners joined their duties on 11.4.2001. The papers were forwarded by the principal to the District Inspector of Schools for grant of financial approval. However when no approval was forthcoming the petitioners approached the District Inspector of Schools personally on 7.1.2002 and then they came to know that an order had been passed on 2.6.2001 whereby the appointments had been cancelled by the District Inspector of Schools on the ground