JUDGMENT :

Hon. Mahesh Chandra Tripathi, J.

1. Heard Shri Fuzail Ahmad Ansari, learned Standing Counsel and Shri Ashish Mohan Srivastava, learned Standing Counsel for State-respondents-appellants and Shri Sankalp Narain, learned counsel for petitioner-respondent no.1.

2. This Court vide order dated 23.5.2024 has condoned the delay in filing the appeal and has directed to accord regular number to the appeal.

3. Present intra court appeal under Chapter VIII Rule 5 of the HIGH COURT RULES has been preferred assailing the validity of the judgment and order dated 9.5.2022 passed by learned Single Judge in Manoj Kumar Jain v. State of U.P. & Ors. Writ-A No.13182 of 2019, whereby the writ petition was allowed; orders dated 21.5.2019 and 9.7.2019 passed by District Inspector of Schools (DIOS), Aligarh have been quashed; the appointment of the petitioner on the post of Assistant Clerk in the institution has been upheld and the respondent no.3 was directed to grant financial sanction to the appointment of the petitioner on the post of Assistant Clerk and to make payment of arrears of salary w.e.f. 3.7.2018, the date of first disapproval of selection of the petitioner and to pay his month to mont