Shiv Nandan Yadav vs The District Inspector Of Schools ...
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HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 722 of 2019
 

 
Appellant :- Shiv Nandan Yadav
 
Respondent :- The District Inspector Of Schools And 4 Others
 
Counsel for Appellant :- Krishna Kumar Singh,Mr. Radha Kant Ojha, Senior Advocate
 
Counsel for Respondent :- C.S.C.,Adarsh Singh,Indra Raj Singh,Pradeep Kumar Upadhyay
 

 
Hon'ble Manoj Misra,J.

Hon'ble Rohit Ranjan Agarwal,J.

Heard Sri R.K. Ojha, learned Senior Counsel, assisted by Sri Krishna Kumar Singh, for the petitioner; learned Standing Counsel for the respondents 1 and 2; and Sri Indra Raj Singh for the respondent no.4.

This intra court appeal is against the judgment and order dated 19.04.2019 passed in Writ-A No.41253 of 2000 by which the writ petition of the appellant seeking a direction upon the respondents to pay him salary with effect from 07.09.1993 has been dismissed by noticing that neither there was vacant post on the date of alleged appointment of the writ petitioner nor the appointment was made with the prior approval of the District Inspector of Schools as is required by Regulation 101 of Chapter III of the Regulations framed under U.P. Intermediate Education Act, 1921.

The learned counsel for the appellant though claims that the petitioner had worked on the post but could neither demonstrate that there existed a vacant post on which he was allegedly appointed nor could show that there was prior approval accorded.

Under the circumstances, we find no merit in the appeal. The same is dismissed.

Order Date :- 17.3.2021

AKShukla/-