High Court of Judicature at Allahabad
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Sri Vimal Kumar Pandey v. State Of U.P. And Others - WRIT - A No. 48254 of 2006  RD-AH 15181 (1 September 2006)
HON. ARUN TANDON, J.
Heard counsel for the parties.
It is alleged that permission was granted for making appointment on Class-III post in Adarsh Inter College, Shambhooganj, district Jaunpur. Thereafter advertisement was published and petitioner has been selected for the post of Clerk. The papers for grant of financial approval for such appointment are pending consideration before the District Inspector of Schools, Jaunpur. Hence the present writ petition.
In the opinion of the Court, financial approval qua appointment against Class-III post in a recognized Intermediate College by direct recruitment can be granted (a) only if the the vacancy in question is outside 50% quota reserved for promotion or else no Class-IV employee is available for such promotion, (b) No person appointed on compassionate ground is working against superannuary post in the district inasmuch as such appointees are entitled to be adjusted first against available vacancy (Regulation 106), (c) No application for compassionate appointment is pending consideration against Class-III post in the district on the date appointment is offered (Regulation 103).
In view of the aforesaid, the District Inspector of Schools is directed to consider the financial approval asked for, in light of the Regulations 101 to 107 Chapter-III of the Regulations framed under the Intermediate Education Act. The District Inspector of Schools shall pass a reasoned speaking order strictly in accordance with law, after hearing the parties concerned.
With the aforesaid directions/observations, the present writ petition is disposed of finally.
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