Court No. - 22 Case :- SERVICE SINGLE No. - 5010 of 2010 Petitioner :- Rajnessh Kant Verma Respondent :- State Of U.P.Through The Secy.Secondary Edu.Lucknow & Others Petitioner Counsel :- Mratunjay Singh Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
Notice on behalf of opposite parties no.1 to 3 has been accepted by the
learned Standing Counsel, who prays for and is granted four weeks’ time to
file counter affidavit. Two weeks thereafter is allowed to the counsel for the
petitioner for filing rejoinder affidavit.
Issue notice to opposite parties no.4 and 5.
List thereafter.
Submission of learned counsel for the petitioner is that one vacancy fell
vacant on account of retirement of one Rajeshwar Singh on 31.10.2005. The
committee of management wrote several letters to the DIOS to accord
approval for making appointment on the said post and when the permission
was not granted by the DIOS, the committee of management filed Writ
Petition No.6494(SS) of 2007, wherein a direction was issued to the DIOS to
accord permission for filling up the post. But in spite of the fact that the order
of this Court was brought to the notice of the DIOS, no permission was
accorded. So the committee of management proceeded to fill up the vacancy
in accordance with law and forwarded the papers to the DIOS regarding
approval of the petitioner’s appointment on 30.5.2008, but the DIOS has not
taken any decision in regard to approval of the petitioner’s appointment up till
now.
Looking to the background of the case and facts and the peculiar
circumstances in this very case, the Court is of the opinion that the petitioner
is entitled for payment of salary.
Accordingly, the opposite parties are directed to make payment of salary to
the petitioner regularly every month.
Order Date :- 23.7.2010
Rao/-