RAKESH BABU YADAV versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rakesh Babu Yadav v. State Of U.P. & Others - WRIT - A No. 14246 of 2007 [2007] RD-AH 4688 (16 March 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

8

Hon'ble V. K. Shukla, J.

      One Badri Vishal Shrotriya, Lecturer in English, died on 17.03.1994. Thereafter, it appears that Managing Committee of the institution proceeded ahead to fill up the aforementioned post of Lecturer in English. Petitioner claims that he applied pursuant to selection proceedings and was interviewed on 20.07.1994 by the Selection Committee; appointment letter was issued to him on 01.08.1994; he joined the institution on 06.08.1994; entire papers qua his appointment  are said to have been transmitted for approval on  20.08.1994 to the District Inspector of School. On 27.02.2007 order impugned has been passed.

     Under U.P. Secondary Education Service Selection Board Act, 1982, either against substantive vacancy or against ad hoc vacancy, Committee of Management has no authority to make any selection and appointment. Consequently, appointment of petitioner made by the Committee of Management, on the face of it, is null and void. However, in case Management has made appointment of petitioner and has taken work from him, it would be open to petitioner to realise his salary from the Management, but as far as State Exchequer is concerned, no salary can be ensured to petitioner for his performance against null and void appointment.

    Subject to above observation, writ petition is dismissed.  

     

16.03.2007

SRY. 14246/07

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