Petitioner sought financial approval for an Assistant Teachers' post in an aided institution. The court dismissed the petition as no relief could be granted because the petitioner's name did not appear in the official grant-in-aid list of recognized teachers.
Financial approval for the petitioner on the post of Assistant Teacher was denied.
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Court No. - 18
Case :- WRIT - A No. - 536 of 2019
Petitioner :- Dayanand Ram Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dadhi Bal Yadav Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard Sri D.B. Yadav, learned counsel for the petitioner and learned Standing Counsel who has accepted notice on behalf of respondent nos. 1,2 and 3.
By way of the present writ petition, the petitioner has prayed to issue a mandamus directing the respondents to grant financial approval to the petitioner on the vacant post of Assistant Teacher in Harijan Primary Pathshala, Nehru Nagar, Mau.
The facts in brief are that the petitioner was appointed as Assistant Teacher in the institution in question on 1st July, 1981 and since then he is continuously performing his duties. It is contented that the institution is a recognized and aided institution from the the Department of Social Welfare. Spot inspection of the institution was also carried out in the year 1985 and report was submitted by the then SDI, LM Ram in which name of the petitioner was also finds place at serial number 2.
The institution came into grant in aid list on 31st March, 1984. According to the Government Order only five teachers were granted financial approval for payment of salary viz one headmaster and four assistant teachers. It is contented in para 6 of the writ petition that the petitioner's name finds place at serial number 4 in the managerial return at the time of taking the institution under grant in aid list. It is further contented in para 7 of the writ petition that in the month of June, 2000 one Jhilmit Ram, Head Master of the institution retired and as such Sri Harinandan became the Head Master who also retired in June, 2003 on attaining the age of superannuation, as such, now there are only one Head Master and two Assistant Teacher in the institution.
In this background of the matter, manager of the institution in question wrote a letter to the District Social Welfare Officer, Mau to grant financial approval to the petitioner.
Heard learned counsel for the parties.
According to the case set up by the petitioner he was appointed
on 1st July, 1981. Nothing has been stated in the entire writ petition regarding mode of appointment of the petitioner. At present age of the petitioner is 56 years. In appears from the record that no financial approval has ever been granted in favour of the petitioner. Since name of the petitioner has not find place in the list of grant in aid, no relief can be granted to the petitioner at this stage.
The writ petition is dismissed.
Order Date :- 17.1.2019 M.A.Ansari
2 issues framed by the court
Whether the petitioner is entitled to financial approval for the vacant post of Assistant Teacher in an aided institution.
Whether the petitioner's inclusion in the managerial return at the time of grant-in-aid confers a right to salary.
Dayanand Ram
State Of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
