Sushma Gupta vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 5316 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- WRIT - A No. - 19182 of 2018
 
Petitioner :- Sushma Gupta
 
Respondent :- State Of U.P. Thru. Secy. Secondary Edu. And Ors.
 
Counsel for Petitioner :- Krishna Madhav Shukla
 
Counsel for Respondent :- C.S.C.,Shashi Bhushan Shukla
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the order dated 20.04.2018 whereby the Regional Committee has disapproved the appointment of the petitioner after the same was approved by the DIOS.

The contention of the counsel for the petitioner is that the petitioner had applied for appointment to the post of Assistant Teacher which fell vacant. It is on record that the DIOS granted permission to the Committee of Management to make the appointments and after due advertisement, the appointments were made and the petitioner was appointed and was issued an appointment letter dated 24.09.2016. The Committee of Management forwarded the requisite papers for approval, which approval was granted by the DIOS vide order dated 23.09.2016 and further made a recommendation before the Regional Committee for approving the approval as granted by the DIOS, however the Regional Committee vide impugned order rejected the same.

The counsel for the petitioner argues that a similar issue with regard to the jurisdiction of the Regional Committee came up for consideration before this Court in the Case of Smt. Seema Devi vs State of U.P. decided on 11.01.2023 in Writ-A no. 27232 of 2018 whereby this Court following the earlier judgment of this Court in the case Miss Preeti Gupta vs State of U.P. and others [2015 (33) LCD 1947] as well as the judgment of this Court in the case of Ajit Ram vs District Inspector of Schools, Ballia and others [(2005) 3 UPLBEC 2516] held that the power of approval vests only with the DIOS and the Regional Committee has no jurisdiction. Thus, following the said order the writ petition is allowed.

The impugned order contained as annexure no. 1 dated 20.04.2018 is set aside.

The DIOS is directed to proceed for payment of salary and for necessary orders in terms of the approval granted by the DIOS on 23.09.2016. The arrears of salary shall also be payable to the petitioner from 23.09.2016.

Order Date :- 16.2.2023/Mohd. Sharif