Petitioner sought approval for employment appointment. Single bench disposed petition at admission stage by directing petitioner to make fresh representation to the office rather than deciding merits.
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Court No. - 18
Case :- WRIT - A No. - 3748 of 2019
Petitioner :- Anu Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan
Hon'ble Prakash Padia,J.
In terms of the order dated 08.3.2019 passed by this Court, supplementary affidavit has been filed today, which is taken on record.
Heard learned counsel for the parties.
The petitioner has preferred the present writ petition with the following prayer:-
" (a) To, issue a writ, order or direction in the nature of mandamus directing the respondent no.3 i.e. Basic Education Officer District Ghazipur to grant financial approval to appointment of petitioner in the aforesaid institution, within stipulated period as fixed by this Hon'ble Court ."
The facts in brief as contained in the writ petition are that the institution in question namely Gandhpa Purve Madhyamik Vidyalay Gandhpa, Ghazipur, is a rocognized Junior High School. The institution in question is in grant-in-aid list of the State Government. All the employees are getting their salaries from the State exchequer. In the institution in question one post of Assistant Clerk was fallen vacant. In order to fill up the aforesaid post proceedings were initiated by the institution in this regard. After obtaining the prior approval from the District Basic Education Officer, Ghazipur, the vacancy in question was advertised in the two newspapers. The selection committee was made on 1.7.2018.
Learned counsel for the petitioner contended that the selection committee found the petitioner most suitable candidate, thereafter, an appointment letter was also issued to the petitioner on 5.7.2018. The petitioner joined her post on the same day. Thereafter, papers were forwarded by the Management before the District Basic Education Officer, Ghazipur, for the payment of salary to the petitioner from State exchequer. Since no action was taken, various representations were made by the Manager of the institution as well as petitioner from time to time. Since no action was taken, the petitioner has preferred the present writ petition.
Heard learned counsel for the parties.
No useful purpose would be served in keeping the writ petition pending hence with the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances, the petitioner is directed to make a fresh representation ventillating all her grievances before the respondent no.3/District Basic Education Officer, Ghazipur along-with certified copy of this order within a period of two weeks from today. If such a representation is made, the respondent no.3/District Basic Education Officer, Ghazipur, is directed to pass appropriate order in accordance with law within a further period of three weeks thereafter.
With the aforesaid observations, present writ petition is disposed of finally.
It is made clear that this Court has not entered into the merits of the case and thus it is for authority concerned to take a decision independently in accordance with law.
Order Date :- 2.4.2019 Pramod Tripathi
2 issues framed by the court
Whether the petitioner is entitled to financial approval for her appointment as Assistant Clerk.
Whether the court can direct the respondents to grant the financial approval.
Anu Yadav
State Of U.P.
3 Others
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
