Writ petition challenging D.I.O.S. rejection of salary claim. Court held appointment void due to lack of mandatory prior approval and valid advertisement, dismissing claim against State.
Appellant entitled to claim salary from management, not State.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Court No. - 34
Case :- WRIT - A No. - 39434 of 1999
Petitioner :- Subhash Chandra Respondent :- D.I.O.S. Gorakhpur & Another Counsel for Petitioner :- R.K.Ojha Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
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under U.P. Intermediate Education Act, 1921 also appears to have not been followed since before issue of order of appointment, no prior approval of D.I.O.S. was obtained though prior approval of D.I.O.S. is mandatory. A Division Bench of this Court in Jagdish Singh Vs. State of U.P. an0d others, 2006(3) ESC 2055 held that prior approval of D.I.O.S. is mandatory and violation thereof makes such appointment null and void hence incumbent has no right either to hold the post nor claim salary.
Kailash Prasad Vs. State of U.P. and others, 2008(1) ESC 532 in a matter pertaining to appointment of teachers in secondary institutions where requirement of prior approval in pari materia provision has been held mandatory and effect of lack of compliance has been held to be fatal.
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person who has appointed him and taken work.
any, stands vacated.
Order Date :- 7.12.2017 Siddhant Sahu
2 issues framed by the court
Whether the petitioner is entitled to salary from the State Exchequer when his appointment lacked required D.I.O.S. approval.
Whether the appointment on a leave vacancy was valid without prior approval of District Inspector of Schools.
Colour shows how this judgement treated each authority
Jagdish Singh Vs. State of U.P. and othersReferred¶11
Jagdish Singh Vs. State of U.P. an0d others, 2006(3) ESC 2055
Kailash Prasad Vs. State of U.P. and othersReferred¶13
Kailash Prasad Vs. State of U.P. and others, 2008(1) ESC 532
Subhash Chandra
D.I.O.S. Gorakhpur
Another
Sudhir Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
