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1998 Supreme(All) 897

D. P. MOHAPATRA, S. R. SINGH
ASHIKA PRASAD SHUKLA – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, ALLAHABAD – Respondent


Advocates Appeared:
DINESH DWIVEDI, R.K.OJHA, S.K.PANDEY

S. R. SINGH, J.

( 1 ) THE appellant herein was appointed Assistant Teacher (L. T. Grade) in Krishak Inter College, kasauta. district Allahabad (in short the College) vide appointment letter dated 5. 8. 1992 pursuant to which he allegedly joined his duties on 6. 8. 1992. The writ petition giving rise to this appeal was filed for Issue of a writ, order or direction in the nature of mandamus commanding the respondents to pay him salary with effect from the date he was appointed. The learned single judge dismissed the writ petition vide judgment and order under challenge herein, holding that the appointment was made without following the procedure prescribed under the U. P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981 (in short the first Removal of Difficulties Order) there was nothing on the record to serve as a pointer to the fact that prior approval of the District Inspector of Schools was accorded before issuing the letter of appointment and. the appointment was made during the period the ban Imposed by the government on appointment subsisted.

( 2 ) ADMITTEDLY, the appointment in question was made in a short-term vacancy within the meaning of the te




















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