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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Saurabh Shyam Shamshery,J.
Durgesh Sharma – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. The petitioners have set up a case that respondent, a minority institution, has issued an advertisement to fill up three substantive vacancies for the post of Assistant Teachers LT grade. The petitioners have applied for the said post and were duly appointed and in pursuance of their respective appointment letters, they joined service on 1st August 1998. Further case is that Committee of Management of concerned institution have submitted the documents to concerned DIOS for approval on 7th August 1998.
2. It is further case of the petitioners that when concerned DIOS has not passed any specific order in terms of the relevant provisions, their approval was deemed to be approved and when their salaries were not paid, they constrained to approach this Court by way of filing Writ Petition No. 9230/1999 seeking following reliefs :-
"(i) issue a writ of mandamus, order or direction in the nature of mandamus directing respondents to treat the petitioners' selection dated 19.07.1998 as deemed approved and pay salary to the petitioners with effect from 08.09.1998 (petitioner no. 1 and 3) and with effect from 14.09.1998 (petitioner no. 2) regularly month
Approval of appointments is deemed granted despite subsequent complaints if prior orders were not challenged or invalidated.
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....
Long-standing service should be protected unless substantial evidence justifies termination, especially when interim orders are in place.
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 main legal point established is that routine affairs of an institution, including appointments and approvals, should be considered independently of disputes in management.
The main legal point established in the judgment is that obtaining permission from the competent authority before making an appointment in an educational institution is crucial for approval, and the ....
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