Neutral Citation No. - 2025:AHC-LKO:7845 Court No. - 5 Case :- WRIT - A No. - 19773 of 2019 Petitioner :- Mahenra Kumar Respondent :- State Of U.P. Thru Secy. Secondary Edu. Lucknow And Ors. Counsel for Petitioner :- Rakesh Kumar Yadav,Mulayam Singh Yadav Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard. 2. The petitioner claims that he had been appointed on the post of Peon by the committee of management on 18.11.2010 and he has been working continuously but his salary for the period from 2010 to 2018 had not been paid and hence the writ petition. 3. In the counter affidavit which has been filed by the respondents specific averment has been made in paragraph 8 that the Principal of the institution is the appointing authority of Class IV employees but the approving authority is the District Inspector of Schools and consequently the management of the institution could not have appointed the petitioner as a class IV employee. 4. Thus the crux of the issue is as to whether the petitioner has been appointed by the competent authority. 5. This aspect of the matter has been considered threadbare by this Court vide judgement dated 02.05.2019 passed in the case of Deepak Kumar Singh vs State of U.P. and others in Writ Petition No. 932 (SS) of 2012 wherein this Court has held that issuance of appointment order or permitting joining of any candidate without prior approval of the DIOS would be illegal and void abinitio. 6. This Court vide judgement and order dated 30.03.2019 passed in Writ Petition No. 1592 (SS) of 2014 in re: Sanjay Kumar vs State of U.P. and others after considering the provisions of Regulations 101 of the Intermediate Education Act, 1921 has held that any appointment without prior approval of the inspector shall be void. 7. Admittedly the appointment has been made without prior approval of the D.I.O.S. consequently it cannot be said that the appointment of the petitioner is valid so as to entail the petitioner to be paid salary from the state exchequer. 8. Keeping in view the aforesaid discussion, the writ petition is dismissed leaving it open to the petitioner to claim salary from the committee of management of the respondent institution. Order Date :- 6.2.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench