Against the order dated 30.07.1999 in C.M.W.P. No.
19091 of 1990 filed by the appellant herein and M.W.P. No.
The Single Judge of the High Court by a companymon order dated 30.07.1999 allowed C.M.W.P. No.
728 and 729 of 1999 whereby the Division Bench of the High Court allowed both the appeals filed by respondent No.1 herein and set aside the order dated 30.07.1999 passed by the Single Judge of the High Court in C.M.W.P. No.
19091 of 1990 before the High Court on the ground that despite appointment given to him and approval accorded, he was number being paid his monthly salary.
729 of 1999 before the High Court.
Pursuant to the appointment letter, he joined the service on 01.09.1989.
As a result of the grant of stay, the appellant companytinued to remain on the post and has been companytinuously discharging the duties.
The challenge was on ground that as per Regulation 2 2 of Chapter III of Regulation framed under the Act, when only one post of clerk falls vacant in the Institution then it should be filled up by way of promotion and number by direct recruitment by inviting applications from public as was done in this case.
As a companysequence thereof, the appointment of the appellant herein made by direct recruitment on the post in question was declared invalid.
6681 of 1990 before the High Court.
8069 of 2009.
He was selected for the abovesaid post and was accordingly given appointment letter on 18.08.1989.
District Inspector of Schools Ors.
On 20/26.06.1989, the management of the Institution gave an advertisement in VANDEVI weekly paper published from Mau, for the post of a Clerk mentioning the last date for submitting the application as 10.07.1989 and date of interview as 12.07.1989.
19091 of 1990 the respondent filed Special Appeal No.
According to him, the first respondent writ petitioner retired from the service during pendency of these proceedings and, therefore, he is number number interested in prosecuting his writ petition out of which these appeals arise and that is perhaps the reason, why he has number companye forward to oppose these appeals despite service of numberice on him.
8068 of 2009 and the Committee of Management, D.A.V. Girls Higher Secondary School, Mau, UP filed C.A. No.
This Court also numbered that the respondent writ petitioner is number interested in companytesting these appeals because despite service on him, he has number appeared in these appeals.
1 herein.
Shri P.N. Mishra learned Senior Counsel appearing for the appellant Shri Sanjay Kumar Upadhya has urged only one submission.
D.A.V. Kanya Uchhatar Madhyamic Vidyalaya, Mau, U.P. hereinafter referred to as the institution is an institution recognized by the State Government and receives grant in aid.
Law Journal 438 DB .
Sanjay Kumar Upadhyay the appellant in C.A.No.
The appellant also filed C.M.W.P. No.
Palak Dhari Yadav respondent No.1, who was class IV employee of the Institution, challenged the order of approval dated 07.03.1990 by which the appellant was given appointment and filed C.M.W.P. No.
The said appointment was approved by the Regional Inspector of Girls Schools, Region Gorakhpur vide letter dated 07.03.1990.
6681 of 1990, the respondent filed Special Appeal No.
6681 of 1990 filed by respondent No.1.
This Court, therefore, stayed the operation of impugned order.
728 of 1999 whereas against the order in C.M.W.P. No.
Challenging the said order, the appellant filed Civil Appeal No.
In order to appreciate the issue involved in this appeal, which lies in a narrow companypass, it is necessary to set out the relevant facts in brief infra.
2006 4 All.
This was held by the Division Bench by placing reliance upon a judgment of the High Court in Jai Bhagwan Singh Vs.
Abhay Manohar Sapre, J. These appeals are filed against the companymon judgment and order dated 05.10.2006 passed by the High Court of Judicature at Allahabad in Special Appeal Nos.
He appeared for the interview on the date and time fixed by the Management of the Institution.
On 27.11.2009, this Court granted leave to the appellant.
6681 of 1990 filed by respondent No.
19091 of 1990 filed by the appellant and dismissed M.W.P. No.
8068 of 2009 applied for the said post of Clerk.
