Court No. - 26 Case :- WRIT - A No. - 35146 of 1992 Petitioner :- G.S. Srivastava Respondent :- V.C. Petitioner Counsel :- I.P.Srivastava,A.K.Srivastava,P.P.Srivastava,Sujit Kumar Respondent Counsel :- D.C.,B.D.Pandey,B.P.Pandey,Sunita Agarwal Hon'ble Shishir Kumar,J.
Heard Sri Sujit Kumar, learned counsel for the petitioner and Sri
B.D. Pandey, learned counsel for the respondent-University.
This writ petition has been filed for issuing a writ of mandamus
commanding the respondent to pay the salary to the petitioner.
Admittedly, no interim order was granted in favour of the
petitioner. From the perusal of the order, Annexure-1 to the writ
petiton it appears that the petitioner was appointed on a non-
sanctioned post of Public Relation Officer for a period of six
months initially and it was mentioned in the order that he will be
paid salary of a clerk till the post of Public Relation Officer is
sanctioned. It was extended subsequently by order dated 11.9.1989
but subsequent to that the petitioner states that he has not been
permitted to work.
In my opinion the appointment of the petitioner was on a non-
sanctioned post therefore legally he will have no right to the post
and the matter was referred to the State Government for sanction
of the post but the same has been refused. The contention of the
petitioner to this effect that the petitioner was appointed on the
post of clerk cannot be accepted as it is apparent from the order of
appointment that he is being appointed on he post of Public
Relation Officer due to non-sanction of post and he will perform
the same duties but as regards the payment of salary, he will be
paid the pay and scale of a clerk.
In view of the aforesaid fact, no relief can be granted to the
petitioner.
The writ petiton is devoid of merit and is hereby dismissed.
As regards the contention of the petitioner regarding non-payment
of salary for the period he has worked, it is open to the petitioner
to approach the authority on the basis of the relevant documents to
prove that salary during the period, he has worked on any post, has
not been paid and if that is so, the respondent-university-authority
is directed th consider the same and pass appropriate orders.
No order is passed as to costs.
Order Date :- 6.1.2010
V.Sri/-