Durga Prasad vs State Of U P And 3 Others
2021 Latest Caselaw 3748 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 2638 of 2021
 

 
Petitioner :- Durga Prasad
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Neeraj Shukla
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner claims to have been appointed as Class IV employee in Sangram Balika Inter College, Sarokhanpur, Badlapur, Jaunpur, which is a recognized and aided institution. It is stated that vacancy has been advertised in two newspapers and after following the due procedure laid down in U.P. Intermediate Education Act, 1921 petitioner's appointment has been made against vacant post but the authorities are not being taken any action with regard to grant of approval.

Reliance is placed upon a judgment of this Court in the case of Abhishek Tripathi vs. State of U.P. and others, 2016 (1) ADJ 603 in which it has been held that lack of prior permission would not be fatal inasmuch as all issues that are required to be examined for the purposes of permission can be considered at the time of granting financial approval.

Learned Standing Counsel submits that petitioner's grievance shall be examined by the authority competent in accordance with law, expeditiously.

In the aforesaid facts and circumstances, this writ petition stands disposed of permitting the petitioner to represent his grievance with regard to grant of approval to his appointment before respondent no.2, annexing all materials in support of his claim together with copy of this order, within a period of two weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned and an appropriate order would be passed in the matter, in accordance with law and after affording opportunity of hearing to the respondent nos.5 and 6, within a further period of four months thereafter.

Order Date :- 16.3.2021

Ashok Kr.