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2013 Supreme(All) 839

A.P.SAHI
Manorama – Appellant
Versus
State of U. P. & Other – Respondent


Advocates:
Arun Kumar, for Petitioner
C.S.C., R. B. Yadav, for Respondents.

Amreshwar Pratap Sahi, J.—

Heard Sri Arun Kumar, learned counsel for the petitioner and Sri R.B. Yadav for the respondent no. 2, 3 and 5. The learned Standing Counsel for the respondent no. 1.

Issue notice to the respondent no. 4, returnable at an early date.

The petitioner was appointed as a Class 4 (Group-D Employee) in a Junior High School under the provisions of U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Ministerial Staff and Group D Employees) Rules, 1984. The proposal for appointment was forwarded to the competent authority, namely the District Basic Education Officer who approved the same on 16.3.2011.

The Finance and Accounts Officer raised an objection that in view of the Government Order dated 6th of January, 2011, this appointment could not have been made except by way of outsourcing and accordingly sought directions from the District Basic Education Officer. The District Basic Education Officer vide his letter dated 29.11.2012 Annexure 9 to the writ petition has informed the Finance and Accounts Officer to consider the claim of the petitioner in view of the fact that the Government Order dated 6th of January, 2011 has alrea













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