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PIYUSH AGRAWAL
Sanjay Kumar Singh – Appellant
Versus
District Basic Education Officer, Jaunpur – Respondent
JUDGMENT :
PIYUSH AGRAWAL, J.
1. Heard Sri Adarsh Singh, learned counsel for he petitioners and Sri Abhishek Srivastava, learned Chief standing counsel for the State-respondents.
2. By means of the present writ petition, the petitioners have prayed to issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1-District Basic Education Officer, Jaunpur to grant salary to the petitioners on the posts of Assistant Teachers in the institution namely, Keshav Nath Senior Basic School, Horaiya, Ram Nagar Vidhmauwa, Jaunpur along with arrears, within stipulated time as may be fixed by Hon'ble Court as well as permit them to work.
3. Counsel for the petitioners submits that on 25.5.2003 Authorised Controller was appointed in the Institution in question. Thereafter permission was sought for appointment of four Assistant Teachers by the Athorised Controller vide letter dated 28.7.2003. The approval was accorded by the District Basic Education Officer, Jaunpur on 29.7.2003. Thereafter advertisement with regard to appointment of Assistant Teachers was published in the newspaper in which interview was fixed for 14.8.2003.
4. The petitioners being duly qualified and elig
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Denial of salary without any justifiable reason cannot be countenanced.
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.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
A court may exercise its power of review upon the discovery of new, material evidence that was unavailable despite due diligence, if such evidence establishes that an appointment met constitutional s....
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