Allahabad High Court
Pramod Kumar Maurya vs State Of U.P. And Others on 3 December, 2014
Bench: Abhinava Upadhya
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 31
Case :- WRIT - A No. - 59236 of 2011
Petitioner :- Pramod Kumar Maurya
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- P.R.Maurya
Counsel for Respondent :- C.S.C.,A.K. Singh
Hon'ble Abhinava Upadhya,J.
This is a writ petition seeking payment of salary to the petitioner on Class-IV Post in the aided Intermediate College.
It is submitted that according to various orders of sanctioned posts, at the present moment there are 11 Class-IV Posts and permission was sought for issuing an advertisement of one Class-IV Post, upon retirement of the incumbent holding such post.
The DIOS allowed to publish advertisement pursuant to which an advertisement was made and the Selection Committee was constituted and selection was made and the Selection Committee by order dated 7.8.2006 appointed the petitioner and the papers were sent for approval. The DIOS forwarded the papers to the Regional Level Committee and the Regional Level Committee directed the DIOS to consider the students and employee ratio and if necessary to fill up such posts looking into the reservation etc. and grant approval. The DIOS, after looking into various directions issued by the Regional Level Committee, held that there is requirement of only 10 posts as against 11 posts and refused to grant approval.
Learned counsel for the petitioner submits that as per 'Janshakti' no calculation has been given as to how 11 sanctioned posts can be reduced to 10, considering 'Janshakti'.
Learned Standing Counsel was earlier granted time to file counter affidavit justifying the order of the DIOS but till date no counter affidavit has been filed. As a last opportunity, one month and no more time is allowed for filing counter affidavit failing which the DIOS will appear in person before this Court.
It is true that the posts are sanctioned looking at the requirement of the institution either for Class-IV posts or for the Teachers. If the students' strength has depleted, there is no justification for continuing with the sanctioned posts and thereby the requirement of the institution has to be looked into irrespective of the sanctioned strength, which was determined more than two or three decades ago.
List the matter after one month.
Order Date :- 3.12.2014 / SKM
Case :- WRIT - A No. - 59236 of 2011
Petitioner :- Pramod Kumar Maurya
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- P.R.Maurya
Counsel for Respondent :- C.S.C.,A.K. Singh
Hon'ble Abhinava Upadhya,J.
(Order on Civil Misc.Impleadment Application No. 338105 of 2014)
Learned counsel for the applicant-petitioner submits that the Principal is a necessary party and as such, the same may be impleaded.
The application is, accordingly, allowed.
Necessary correction be made in the array of the parties to the writ petition.
Let notice be issued to the newly impleaded respondent no.6 for which learned counsel for the petitioner will take steps within a week.
Order Date :- 3.12.2014
SKM
