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2004 Supreme(All) 1663

TARUN AGARWALA
Prem Shanker Singh – Appellant
Versus
Accounts Officer, Office of B. S. A. , Ballia – Respondent


Advocates:
Counsel for the Appellant : Sudhakar Pandey.
Counsel for the Respondents: V. K. Rai (Standing Counsel), S. K. Garg (Addl. C.S.C.) and B. P. Singh.

JUDGMENT

Tarun Agarwala, J.—The petitioner filed a writ petition alleging that pursuant to an advertisement, the petitioner applied and appeared for being considered on the post of assistant teacher. Since the petitioner was found suitable and eligible for the said post, the committee of management resolved to appoint the petitioner as an assistant teacher on a substantive vacancy. The papers with regard to the petitioner’s appointment was forwarded to the Basic Shiksha Adhikari, who by its order dated 10.10.1994 accorded the approval. The petitioner alleged that inspite of the approval having been granted by the Basic Shiksha Adhikari, the petitioner was not paid the salary. Accordingly, a writ petition was filed seeking a writ of mandamus directing the respondents to pay the salary. This Court, at the time when the writ petition was entertained, passed an order dated 11.10.1996, which is quoted hereunder :

“Heard learned counsel for the petitioner and learned counsel for the respondents.

List this petition for admission on 30.10.96. On that date the learned standing counsel may obtain instructions for filing counter-affidavit as to why the petitioner’s salary has not been paid.”

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