Brij Bhushan Rai vs District Inspector Of Schools, ...
2015 Latest Caselaw 1350 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- SPECIAL APPEAL No. - 1640 of 2008
 

 
Appellant :- Brij Bhushan Rai
 
Respondent :- District Inspector Of Schools, Jaunpur And Others
 
Counsel for Appellant :- N.L. Srivastava
 
Counsel for Respondent :- C.S.C.,Vimlesh Kumar Rai
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Pratyush Kumar,J.

The appellant claimed appointment against short-term vacancy, which has arisen on account of promotion of Sri V.K. Rai from L.T. Grade to Lecture Grade in Chemistry. The appointment letter in favour of the appellant is dated 4.9.1997, which is said to have been approved by the then District Inspector of Schools, Jaunpur Sri S.K. Verma on 12.9.1997. When the salary of the appellant has been stopped in the year 1999, the appellant approached this Court. The learned Single Judge has held that the appointment of the appellant was not in accordance to law. The Management filed counter affidavit denying promotion of Sri V.K. Rai.

Learned counsel for the appellant has heavily placed reliance on the inquiry report dated 5.11.2001 submitted by the Finance and Accounts Officer Sri Liyakat Ali through the District Inspector of Schools, Jaunpur, which is the subsequent inquiry.

From the record, it is not clear that when the resolution has been passed by the Committee of Management for promotion of Sri V.K. Rai and when the resolution has been approved by the District Inspector of Schools, thereafter, by which order Sri V.K. Rai has been promoted causing short-term vacancy and, thereafter, when the advertisement was issued and in pursuance of the said order when the Selection Committee has been formed and on which date interview took place wherein the appellant claims to have been selected. Whether the approval to the appointment of the appellant has been granted by the District Inspector of Schools or not, is not clear.

In view of the above, we direct the District Inspector of Schools, Jaunpur to file an affidavit within three weeks and produce the record on the next date fixed.

List this case on 24.8.2015.

Order Date :- 20.7.2015

OP