Ajay Kumar Gupta And Others vs State Of U.P.And Others
2012 Latest Caselaw 4797 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 51605 of 2012
 

 
Petitioner :- Ajay Kumar Gupta And Others
 
Respondent :- State Of U.P.And Others
 
Petitioner Counsel :- Yogish Kumar Saxena
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

The Petitioner, Ajay Kumar Gupta, before this Court is with request to ensure salary with effect from 25.04.2001 to 29.06.2004 and to accord all other consequential benefits.

Record in question reflects that petitioners were appointed on 25.04.2001 and since then they had been performing and discharging their duties, but as salary was not being ensured to them, they preferred writ petition No.36705 of 2001, and this Court asked the District Inspector of Schools to consider the claim of petitioners, and thereafter, the District Inspector of Schools has accepted the claim of the petitioners on 29.06.2004, and accordingly, petitioners were informed  vide letter dated 12.07.2004 that they would be entitled for salary with effect from 29.06.2004 and accordingly, petitioners are being paid their salary.

Request put forth by the petitioners by means of this writ petition is not acceptable for the simple reason that as against class III or class IV post appointment letter can be issued only after the approval is accorded under Regulation 101 of Chapter III of the Regulations framed under U.P. Act No. 2 of 1921. In the  present case proposal with regard to appointment of the petitioner was sent on 25.04.2001, but the same was considered and approved for the first time on 29.06.2004 in terms of Regulation 101 of Chapter III of the Regulations framed under U.P. Act No. 2 of 1921, as such by no stretch of imagination, petitioners are entitled for any salary from State Exchequer prior to 29.06.2004, as any appointment made prior to this date cannot be subscribed, as has been held by this Court in the case of Division Bench of this court reported in 2006 (3) E.S.C. 2055 (Jagdish Singh Vs. State of U.P.)

In view of the above, no relief or reprieve can be accorded to the petitioners.  Writ petition is dismissed. However, in case the Principal and Manager of the institution have taken work from the petitioners, they can realize the salary from them either by filing suit or by any other mode provided under law.

Order Date :- 4.10.2012

SRY