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Sri S.B.C.A.S. Maha Vidyalaya Kanpur v. City Magistrate, Kanpur Nagar And Others - WRIT - A No. 29611 of 1996 [2007] RD-AH 13440 (2 August 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No. 26

Civil Misc. Writ Petition No. 29611 of 1996

Sri Saraswati Bramhcharyaashram Sanskrit Mahavidyalaya, Parmat, Kanpur through its Principal                              ...                         Petitioner


City Magistrate, Kanpur Nagar & others ...                     Respondents

Hon'ble Mr. Justice Vineet Saran

Heard learned counsel for the petitioner as well as learned counsel appearing for the respondents and perused the record.

This writ petition has been filed with a prayer for a direction in the nature of mandamus commanding the respondent authorities to pay salary to the peon appointed by the petitioner institution with effect from 13.2.1996.

The case of the petitioner is that on a vacancy on the post of Peon having occurred in the petitioner-institution, an advertisement was issued on 13.12.1995, in response to which several candidates had applied. The Selection Committee interviewed the candidates on 11.2.1996 and on the basis of merit the petitioner was declared selected and appointed on 13.2.1996. The papers were sent to the District Inspector of School for approval. On a complaint filed by the Respondent no.1 City Magistrate, Kanpur Nagar, the approval was not accorded to the appointment of the Peon. During the pendency of this writ petition, the District Inspector of School, Kanpur, Respondent no.2, wrote to the Director of Education on 26.10.2002 that the appointment made by the petitioner-institution in favour of  Sri Chunmun  Giri as Peon was in accordance with the procedure prescribed and there was no irregularity found in such appointment. As such, it has been contended by the learned counsel for the petitioner that the liability for payment of salary to the Peon (Chunmun Giri) appointed by the petitioner-institution would be that of the respondents.

Considering the aforesaid facts and circumstances that the District Inspector of School has himself written on 26.10.2002 to the Director of Education that the appointment given by the petitioner-institution to Sri Chunmun Giri as Peon was proper, the petitioner would be entitled to the reliefs prayed for.

Accordingly, this writ petition stands allowed. It is directed that the District Inspector of School, Kanpur, Respondent no.2 shall pass necessary order for payment of salary to Sri Chunmun Giri who has been appointed by the petitioner-institution as Peon on 13.2.1996 within six weeks form the date of filing of a certified copy of this order before the said respondent.

No order as to cost.

dt. 2.8.2007



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