High Court of Judicature at Allahabad
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Basic Shiksha Adhikari v. Mata Prasad & Others - SPECIAL APPEAL DEFECTIVE No. 58 of 2004  RD-AH 5684 (30 March 2007)
Hon'ble S.Rafat Alam, J.
Hon'ble Krishna Murari,J.
Learned counsel for the appellant vehemently contended that the power of appointment of a Class-IV Employee is vested in the U.P. Basic Shiksha Parishad under the U.P. Basic Shiksha Karmchari Varg Niyamavali, 1973 and the same has to be filled up only by direct recruitment. He further submits that the contesting respondent no.1 was given appointment by the then Basic Shiksha Adhikari on casual basis on a fixed wages of Rs. 50/- only and, therefore, he could not have been promoted against a Class-IV Post. He further submits that no order in writing promoting him was ever issued by the Basic Shiksha Adhikari.
We are of the view that a prima face case for admission is made out.
No notice is required to be issued since Smt. Durga Tiwari, Advocate has entered appearance for the contesting respondent no.1.
Considering the submissions and looking to the facts of the case and also in view of the submissions made by Sri K.S.Shukla, learned counsel for the appellant that respondent no.1, pursuant to the judgment of the Hon'ble Single Judge, has already been permitted to work as Class-IV Employee and he is being paid salary regularly but the arrears have not been paid to him on account of the reason that the very appointment is contrary to the law, it is provided that the payment of arrears of wages pursuant to the impugned judgment shall remain stayed until further orders of this Court.
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