Citation : 2012 Latest Caselaw 3497 ALL
Judgement Date : 13 August, 2012
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 18 Case :- WRIT - A No. - 17926 of 2000 Petitioner :- Pramod Kumar Singh Respondent :- D.I.O.S. Jaunpur & Others Petitioner Counsel :- M.P. Singh,H.K. Singh,R.P. Shukla,S.K. Singh,V. Singh Respondent Counsel :- C.S.C.,Vineet Kumar Hon'ble Rajes Kumar,J.
It appears that the petitioner was appointed on the post of Assistant Teacher against the short term vacancy arisen due to the promotion of Ajitabh Kumar Singh vide appointment letter dated 7.7.1994. It appears that the financial approval has also been granted by the District Inspector of Schools, Jaunpur vide order dated 12.9.1997. By the impugned order dated 10.5.1999 the payment of salary of the petitioner has been stopped until further orders. Vide order dated 17.1.2007 the operation of the impugned order dated 10.5.1999 has been stayed by this Court and the respondents were directed to pay salary to the petitioner in terms of his appointment.
In the counter affidavit, it is only stated that the vacancy was not advertised in accordance to law laid down in the case of Radha Raizada and others Vs. Committee of Management, Vidyawati Darbari Girl's Inter College and others, reported in 1994 (3) UPLBEC 1551. The appointment was made in the year 1994. Now 18 years have been passed. It is not known whether in case if the appointment was not proper any order cancelling the appointment has been passed or not and whether short term vacancy is still continuing.
The matter relates to Jaunpur. Learned Standing Counsel is directed to file supplementary affidavit within two weeks.
List in the week commencing 3.9.2012.
Order Date :- 13.8.2012
OP
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