Court No. 10 Case : WRIT A No. 35366 of 2010 Petitioner : Hemant Kumar Rai Respondent : State Of U.P. And Others Petitioner Counsel : Somesh Khare,Komal Khare Respondent Counsel : C.S.C. Hon'ble Rakesh Sharma,J.
Heard learned counsel for the petitioner and learned Standing Counsel who
has accepted notice on behalf of Opp. Party Nos. 1 to 3.
Issue notice to Opp. Paryt No. 4.
The Opp. Parties may file counter affidavit within six weeks.
Rejoinder affidavit, if any, may be filed with in two weeks thereafter.
List this case in the first week of September, 2010.
As per learned counsel for the petitioner, the petitioner has been
appointed in the services of the educational institution, indicated in
the writ petition, after following due procedure for direct recruitment.
Petitioner’s appointment was made considering the compelling
administrative exigencies, number of students in the institution and
the interest of imparting proper education to the students in the rural
areas.
Learned counsel for the petitioner has further submitted that the
petitioner has been discharging duties, functions and responsibilities
of the post held by him and as such, he is entitled for monthly salary.
He rather submits that no one has been appointed against the said
post held by the petitioner by the concerned authority and the
continuance of the petitioner’s service is required in the institution.
On the other hand, learned Standing Counsel has strongly resisted
the motion on the ground that the petitioner was not finally and
regularly appointed and there is absence of sanction of the authority
concerned as required under law.
In view of the above, it is provided that if the employeremployee
relationship subsists and the petitioner is continuing in the service, he
shall be paid his current salary w.e.f. June, 2010 and shall be allowed
to continue. The arrangement shall continue till the person duly
appointed by the selection board joins the institution.
Order Date : 16.6.2010
n.u.