Court No. - 22 Case :- SERVICE SINGLE No. - 4511 of 2010 Petitioner :- Arun Kumar Singh Respondent :- State Of U.P. Through Its Secy.Secondary Education Lko. Petitioner Counsel :- S.P.Singh,R.P.Singh Respondent Counsel :- C.S.C. Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
This writ petition has been filed challenging the order dated 11.6.2009 passed
by the DIOS by means of which he has referred the matter to the Joint
Director for granting approval for payment of salary to the petitioner.
Submission of learned counsel for the petitioner is that the DIOS instead of
approving the appointment of the petitioner has proceeded to refer the matter
to the Joint Director whereas under the Regulations, it is the duty cast upon
the DIOS to take a decision.
The order dated 11.6.2009 by means of which the matter has been referred to
the Joint Director, the DIOS has accepted the validity of the appointment and
has also accepted the availability of vacancies and he has also approved the
selection by making specific reference in the said order.
It seems that the DIOS instead of taking decision himself has proceeded to
refer the matter to the Joint Director arbitrarily and without application of
mind.
Considering the aforesaid facts, District Inspector of Schools, Sitapur is
directed to take a fresh decision keeping in view the finding recorded in the
referral order dated 11.6.2009 within a period of two weeks from the date a
certified copy of this order is produced before him.
With the aforesaid observation and direction, the writ petition is finally
disposed of.
Order Date :- 8.7.2010
RBS/-