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SHEKHAR KUMAR YADAV
Virendra Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. The instant writ petition under Article 226 of the Constitution of India has been filed, interalia, praying for the following reliefs:
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents to pay the salary to petitioner with arrears w.e.f. 01.03.2006 and month to month as and when falls due in accordance with law.
(iii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful functioning as Class IV employee (peon).
2. The facts, in brief, are that the State Government vide a Government Order dated 14th September, 2005 created 145 posts of Class-III and Class-IV in the Government Degree/Post Graduate Colleges. Four posts each in the category of Lab Attendant and Lab Assistant were created in the College. The Director of Education (Higher), U.P., Allahabad (hereinafter referred to as the "Director") vide order dated 21st November, 2005 directed the Principal of all the Government
The court emphasized the need for a detailed enquiry into the appointment of the petitioners and highlighted the importance of compliance with rules for salary release and eligibility determination.
Utilizing services for a prolonged period, even without a sanctioned post, creates a legitimate expectation for remuneration. Non-payment for such services is unconstitutional and violates fundamenta....
The State Government's liability for salary payments to college staff as per Section 60-E of the U.P. State Universities Act, 1973, and the inability of government orders to override statutory rules.
Point of Law : Probation appointment - Appointment of the petitioner was not made on the said post of lecturer after following the requisite procedure under Statute 417 framed by the University.
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