Sanjai Ji Rao vs State of U.P. and others

Shishir Kumar, J.

Heard Sri R.C. Dwivedi, learned counsel for the petitioner and the learned Standing Counsel.

The grievance raised by the petitioner in the present writ petition is that the petitioner who was given appointment on the post of clerk on 3.7.2003 by the Committee of Management after following the proper procedure strictly in accordance with law, the papers were sent to the relevant authority for the purpose of granting financial approval but no orders were passed and it was only on 3.7.2008 that the Regional Level Committee has passed an order approving the appointment of the petitioner but the financial approval has also been granted from that date. The effect of the aforesaid order is that the petitioner will be deprived of the salary from the date of initial appointment till the date of granting approval to the appointment of the petitioner by the Regional Level Committee. The petitioner has relied upon a judgment of this Court reported in 2009 (2) ADJ 190 Ram Bhajan Vs. State of U.P. and others. Taking support of the aforesaid judgment leaned counsel for the petitioner submits that in the similar circumstances this Court has held that if ultimately the appointment made by the Committee of Management is approved by the Regional Level Committee, that has to be approved from the date of initial appointment. If the matter was pending for considerable period of time before the Regional Level Committee, the person concerned cannot be made to suffer and the employee is entitled to get the salary from the date of initial appointment, if it is held that the appointment was valid.

At this stage no orders can be passed taking into consideration the circumstances of the aforesaid judgment as the matter is still pending before the competent authority relating to payment of salary to the petitioner by filing a representation by the petitioner.

In such circumstances the writ petition is being disposed of finally directing the respondent no.2 to consider and decide the representation of the petitioner dated 3.12.2008, 16.3.2009 and 6.7.2009 taking into consideration the observations made above as well as taking into consideration the judgment of this Court and respondent no.2 will pass a detailed and reasoned order strictly in accordance with law after recording reasons within a period of two months from the date of production of certified copy of this order before him.

The writ petition is disposed of accordingly.

No order is passed as to costs.