DURGESH KUMARI Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) In writ petition No. 17308 of 1992, Durgesh Kumari Vs. State of U- P. and others, Honourable S.R. Singh, J. doubted the correctness of the decision given by Honourable M. Katju, J. in the case of Km. Prabhawati Dikshit Vs. Uttar Pradesh Madhyamik Shiksha Sewa Ayog and another, 1992 (1) UPLBEC 582 and accordingly the Honourable the Chief Justice by his order dated 19-5-1992 has referred this case to this Bench.

(2.) According to the petitioner, the Committee of Management passed a resolution on 23rd Dec., 1990 appointing him as Lecturer in L. T. Grade on ad hoc basis and an appointment letter was, in fact, issued on 1st Jan., 1991. The papers were forwarded to the District Inspector of Schools on 2nd Jan., 1 991 who declined to accord financial sanction to the petitioner's appointment on account of the ban which was imposed by the State Government by means of the orders dated 31st July, 1991 and 31st Aug., 1991. The petitioner prayed that a writ of mandamus be issued directing respondent No. 2 to accord financial approval for payment of his salary in L. T. Grade and also to pay him arrears of salary from 1st Jan., 1991.

(3.) So far as the factual aspect of this particular case is concerned, the petitioner's counsel has urged that the appointment in this case was made before the Government orders imposing ban on recruitment and promotions were issued. However, as on merits this Court could not grant any relief to the petitioner, on 18th May, 1992 the learned Single Judge directed the District Inspector of Schools to decide the petitioner's representation by a reasoned and speaking order. Learned Standing Counsel has made a statement that the representation made by the petitioner has been rejected by the District Inspector of Schools on 29th March, 1993. A copy of the said order has also been produced before us but the same has not been challenged by making appropriate amendment in the writ petition.