Neutral Citation No. - 2025:AHC:12952 Court No. - 10 Case :- WRIT - A No. - 20654 of 2024 Petitioner :- Shri Prakash And 4 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Kumar Singh,Rahul Agrawal Counsel for Respondent :- C.S.C. with Case :- WRIT - A No. - 5881 of 2024 Petitioner :- Shri Vinod Kumar Rai And 2 Others Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.,Rahul Agrawal Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Amit Kumar Singh, learned counsel for petitioner in Writ A No. 20654/2024 and Sri Gopal Ji Rai, learned counsel for petitioner in Writ A No. 5881/2024 and learned Standing Counsel for State. 2. Claim of petitioners in both writ petitions that they were working against sanctioned posts was rejected vide impugned order dated 13.12.2023 on basis of reports dated 27.06.2023 and 12.10.2006 that petitioners were working beyond sanctioned strength, however, at this stage, learned Senior Advocate appearing for petitioner in Writ A No. 20654/2024 submits that strength of employees in the concerned college was re-determined by a Government Order dated 28.05.2013 wherein working strength was shown as 35 which favours petitioners’ claim, however, in impugned order, said reports were not taken note of. 3. Learned Senior Advocate refers averments made in writ petition in paragraphs 9 and 6 of respective writ petitions. 4. Learned Standing Counsel submits that counter affidavit is filed in Writ A No. 5881/2024 and reply to above referred paragraphs is mentioned in paragraph 8 and 8-A is quoted below :- “8. That it is relevant to submit here that the State Government has enquired the matter by Addl. Director of Education(Technical Education) who after conducting enquiry submitted enquiry report to the Director of Education(Secondary), U.P. who forwarded the same to the State Government vide letter dated 27-07-2000 in which Sri Basudev Yadav, the then Regional Joint Director of Education, Varanasi Region, Varanasi and Sri Rajesh Kumar Srivastava, the then District Inspector of Schools, Ghazipur were primafacie found guilty of granting illegal approval in excess of sanctioned strength of the institution in question. On the basis of enquiry report submitted by the Enquiry Officer/ Addl. Director of Education(Technical Education), the State Government vide Govt. Order dated 16-09-2000 placed Sri Basudev Yadav, the then Regional Joint Director of Education, Varanasi Region, Varanasi and Sri Rajesh Kumar Srivastava, the then District Inspector of Schools, Ghazipur under suspension. 8A. That the then Finance & Accounts Officer(Secondary Education), Ghazipur after making enquiry submitted enquiry report dated 25-07-2000 to the Director of Education(Secondary), U.P., Lucknow appointed teachers/ employees and requested for enquiry by the C.B.I. with regard to illegal appointments in the institution and payment of salary to such illegally appointed teachers/ employees. In the enquiry report dated 25-07- 2000, the Finance & Accounts Officer(Secondary Education) has informed that the appointment of Sri Parshuram Rai on the post of Assistant Teacher is shown in the year 1992 whereas he had passed B.Com. Examination in the year 1993, Sri Jaisheet Rai, was shown to be appointed in the institution as Assistant Teacher L.T. Grade on 05- 12-1996 whereas he was already enrolled as Advocate, Sri Vinod, Sri Vinod Kumar Rai(petitioner) was working in the Mandi Parishad from December, 1995 to December, 1997 whereas during the said period he was also working in the institution as Assistant Teacher L.T. Grade, Sri Subedar Singh Yadav was working as Collection Amin from 16-02-1996 to 15-08-1997 but he was also appointed in the institution as Assistant Teacher L.T. Grade, Sri Jitendra Prasad Rai, Sri Badri Prasad Rai and Sri Awadhesh Rai were having B.Ed. qualification whereas in the institution there is only one post of Assistant Teacher(Physical Education), Sri Prem Shankar Rai, Sri Pramod Kumar Rai and Sri Ajay Kumar Rai were appointed in the institution in the year 1992 although at that 2 time they were studying in Intermediate and B.A. Further Sri Ram Lal Yadav was working as Paricharak in Town National Inter College, Saidpur till the year 1988 but he was also appointed in the institution as Assistant Teacher L.T. Grade. In the enquiry report dated 25- 07-2000 submitted by the Finance & Accounts Officer(Secondary Education) it has also been specifically stated that the then District Inspector of Schools Sri Shiv Sevak Singh and Sri Rajesh Kumar and then Joint Director of Education Sri Basudev Yadav have illegall approved the appointments of teachers/employees made in excess to the sanctioned strength of the institution was approved and made payment of salary to such teachers/employees.” 5. Specific contention raised in writ petition so far as in regard to subsequent re-determination is concerned, it has admittedly not taken note of in the impugned order is not being considered effectively in counter affidavit also. Re-determination has not been specifically denied also, therefore, Court is of considered opinion that impugned order cannot be justified. 6. Accordingly, impugned order dated 13.12.2023 passed by respondent-3 is hereby set aside and matter is remitted back to concerned respondent to pass a fresh order after taking note of subsequent re-determination of staff, copy of which is scanned below :- 7. Writ petition stands disposed of with above observations. Order Date :- 24.1.2025 Sinha_N. 3 Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad