JUDGMENT :

Prakash Padia, J.

1. The matter is taken up through video conferencing.

2. Heard learned counsel for the parties.

3. The present Special Appeal has been filed by the appellant State challenging the judgement and order dated 03.03.2020 passed by the learned Single Judge in Writ A No.1228 of 2015.

4. It appears from perusal of the record that at Prem Puri Badagaon District Kanpur Nagar, there is an educational institution namely Jan Shikshan Inter College (In short “Institution”). The said Institution is governed by the U.P. Intermediate Education Act, 1921 and U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971 (hereinafter referred to as “Act, 1921 and Act, 1971” respectively). The Institution in question received grant in aid upto High School level. In the Institution in question, there is only one sanctioned post of clerk which was held by one Raj Kumar Uttam. He retired from service after attaining the age of superannuation on 30.05.2006. In the Institution in question, there is huge strength of the students and in order to discharge the proper work as well for disposal disposal of official work, certain computers wer