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Kamata Prasad Yadav v. State Of U.P. Thru' Secy. (Basic Education) & Ors. - WRIT - A No. 22550 of 2002  RD-AH 9691 (17 May 2006)
HON. SHISHIR KUMAR, J.
By means of the present writ petition the petitioner has approached this Court for quashing the orders dated 12.11.1997 and 23.4.2002, Annexures-2 and 5 to the writ petition. The petitioner submits that he was appointed on the post of Assistant Teacher in the recognized institution of the respondent in view of the letter of appointment-dated 4.8.1991. The petitioner from the date of appointment is working on the said post. The papers relating to the appointment were sent to the District Inspector of Schools for granting financial approval. No orders were passed, and then the petitioner approached this Court by way of Writ Petition No. 6087 of 1997, which was decided with a direction to the Basic Shiksha Adhikari to decide the controversy. On the basis of the aforesaid directions issued by this Court now the District Inspector of Schools vide its order dated 12.11.1997 has rejected the claim of the petitioner.
Counter and rejoinder affidavits have been exchanged. As such, the matter is being decided finally. While dismissing the claim of the petitioner the District Inspector of Schools on the basis of the papers submitted by the Committee of Management has recorded a finding that as the post on which the petitioner is working has not yet been sanctioned, therefore, no financial approval can be granted. I am of opinion that unless and until post is sanctioned in spite of the fact the requisite papers by the Committee of Management has been sent for the purpose of sanction of post, no appointment can be made in anticipation. An appointment by the Committee of Management can be made only on the sanctioned post. If the post is not sanctioned, no appointment can be made and no financial approval can be granted.
In view of the aforesaid fact, I find no merit in the writ petition. The writ petition is hereby dismissed. No order as to costs.
W.P.No.22550 of 2002
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