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2021 Supreme(All) 39

MANISH MATHUR
Neeraj Kumar Mishra – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Secondary Education – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nagendra Bahadur Singh
For the Respondent: C.S.C., Raj Kr Singh Suryvanshi

JUDGMENT :

1. Heard Mr. Nagendra Bahadur Singh, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 to 3 and Mr. Raj Kr. Singh Suryavanshi, learned counsel for opposite party no.5. In view of the order proposed to be passed in this petition, notices to opposite party no.4 stand dispensed with.

2. Petition has been filed seeking the following main relief:

    (i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to take decision with respect to the approval to the appointment of petitioner on the post of Assistant Teacher L.T. Grade, in order to ensure payment of salary w.e.f. the date of joining."

3. Learned counsel for petitioner submits that the petitioner was appointed as Assistant Teacher L.T. Grde on 20.07.2019 but financial approval and salary payment have not yet been made to petitioner despite reminder from the Committee of Management. It is submitted that similar dispute has already been adjudicated upon by Hon'ble the Supreme Court in the case of Sanjay Singh & Ors. v. State of U.P. & Ors. (Civil Appeal No.8300 of 2016) with the following observations:

    "11. On having examined the issue, we

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