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SAURABH SRIVASTAVA
Bharat Bhushan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Saurabh Srivastava, J.
Since the controversy involved in the aforementioned writ petitions is similar, they are being heard and disposed of together by a common order, which is being passed in Writ-A No. 48361 of 2010, treating it as a leading case.
2. Heard Shri Yogish Kumar Saxena alongwith Shri D.K.Tripathi, learned counsels for the petitioners and Shri Saurabh Sinha, learned Standing Counsel appearing on behalf of the respondent Nos. 1 to 5.
3. As per the directions of this Court, a detailed counter-affidavit has also preferred on behalf of the respondent No. 6, which is by and large supporting the stand whatsoever has been taken up by the petitioner.
4. It is the case of the petitioner that he has been appointed on 1.4.1999 after adopting due process of recruitment as applicable in the case of Assistant Teacher. After initiating the appointment procedure for the post of Assistant Teacher, the respondent No. 6 submitted the entire documents pertaining to the petitioners who have been finally selected for the said posts for seeking approval of the same.
5. As per the documents appended alongwith the petition, learned counsel for the petitioner demonstrated that the approval
Formal approval from competent authorities is essential for salary entitlements, but lack of documentation does not negate previously granted approvals.
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
Approval of appointments is deemed granted despite subsequent complaints if prior orders were not challenged or invalidated.
Point of law: If the District Basic Education Officer does not communicate his decision within one month from the date of receipt of the papers under clause (4), he shall be deemed to have accorded a....
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Teachers/lectures who are employed at present the TGTs and lecturers would continue to be so employed till the aforesaid process is completed and to the extent the financial benefits are given by the....
The court upheld the necessity of verifying the genuineness of appointments in grant-in-aid institutions, emphasizing that forged documents cannot establish entitlement to salary from public funds.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
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