Hon’ble Dr. Dhananjaya Yeshwant Chandrachud, C.J.—The present reference before the Full Bench has been occasioned by a referring order of a Division Bench dated 24 November 2014. The Division Bench noticed that there was a conflict between the decisions of the Division Benches in State of U.P. v. Om Prakash Verma, 2003(1) ESC 263 (All) and Rajesh Yadav v. Director of Education (Madhyamik), U.P., Allahabad, 2008(7) ADJ 333 (DB) : 2008(4) ESC 2406 (All)(DB). The Division Bench was of the view that the field was covered by a judgment of a Full Bench in Gopal Dubey v. District Inspector of Schools, 1999(1) ESC 168 (All). However, the Division Bench thought it appropriate to refer the matter to the Full Bench since the judgment of the earlier Division Bench in Rajesh Yadav (supra) had considered both the earlier decisions in Om Prakash Verma as well as the judgment of the Full Bench in Gopal Dubey. Accordingly, the following questions of law have been referred for decision:

(1) Whether in the absence of any sanctioned post, can a direction in the exercise of powers under Article 226 of the Constitution of India be given for payment of salary when admittedly no post has been sanc