HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 35573 of 2010 Court No. - 33 HON'BLE DONADI RAMESH, J. 1. Heard Sri Vashishtha Tiwari, learned counsel for the petitioner, learned Standing Counsel for State respondents and Sri Vikas Srivastava, learned counsel for respondent no.3. 2. Present writ petition has been filed questioning the order dated 10.05.2010 passed by respondent no.2-District Inspector of Schools, Jaunpur, rejecting the claim for payment of salary to the petitioner. 3. In view of existence of permanent post of Class-IV on retirement of one Radhey Shyam Mishra, on attaining the age of superannuation on 31.12.2005. Respondent no.3 has initiated selection process by making advertisement on 19.08.2006, after getting prior permission from the competent authority. In pursuance of the advertisement, the petitioner has participated in the selection process and after due selection, the petitioner was selected and appointed on 10.09.2006. Consequent to the appointment, the petitioner has joined and continued to work in the third respondent- institution without any remarks, whatsoever. 4. When the respondents have not released salary to the petitioner, left with no option, he approached this Court by way of Writ Petition No. 48813 of 2007. The said writ petition was disposed of vide order dated 03.03.2008, directing respondent no.2 to consider the case of the petitioner and pass appropriate orders with regard to payment of salary. 5. Consequent to the abovesaid order, the respondents have rejected the claim of the petitioner only on the ground of not following Regulation 101 Versus Counsel for Petitioner(s) : Anirudh Upadhyay, Anoop Trivedi, Kabeer Tiwari, Vashishtha Tiwari Counsel for Respondent(s) : Vikas Srivastava, Vishal Srivastava, C.S.C. Mukesh Kumar Tiwari .....Petitioner(s) State of U.P. and Others .....Respondent(s) of the U.P. Intermediate Education Act, 1921 while filling up the said post and also the appointment was made more than sanctioned strength. Aggrieved by the said order, petitioner has filed present writ petition and at the stage of admission, this Court has passed following orders on 18.06.2010: "Heard learned counsel for the petitioner and the learned Standing Counsel. Learned Standing Counsel has accepted notice on behalf of respondent nos. 1 and 2. Issue notice to respondent no.3. Let counter affidavit be filed within six weeks to which rejoinder affidavit, if any, may be filed within two weeks' next thereafter. List in the last week of August, 2010. As per learned counsel for the petitioner, the petitioner, who is working as Peon in the Institution, is not getting any salary since 11.9.2006, though he is continuously working and discharging his duties. In view of the above, an ad interim mandamus is issued commanding the respondents to pay the petitioner his current monthly salary and shall continue to pay the same in future, if the employer-employee relation is existing, till further orders of the court." 6. Learned counsel for the petitioner, on instructions, has submitted that consequent to the interim direction, the respondents have released salary to the petitioner from 2010 onwards and he is continuing till now. In view of the said circumstances, the petitioner is entitled for salary from 19.08.2006 to 10.05.2010. 7. Considering the submissions advanced by learned counsel for the petitioner as respondent no.3 has followed the Regulation 101 of the U.P. Intermediate Education Act, 1921 by getting prior permission from the competent authority vide letter dated 19th August, 2006 and further, he also made submission that respondent no.3 has initiated the selection process due to retirement of permanent employee Radhey Shyam Mishra, who was getting his salary regularly. 8. In view of the said circumstances, the impugned order dated 10.05.2010 passed by respondent no.2-District Inspector of Schools, Jaunpur is set aside. The writ petition is disposed of directing respondent no. 2 to consider the case of the petitioner with regard to release of salary from 19.08.2006 to 10.05.2010 and pass appropriate orders, within a period of two months from the date of receipt of certified copy of this order. WRIA No. 35573 of 2010 2 8. Writ petition is, accordingly, disposed of. October 13, 2025 Noman WRIA No. 35573 of 2010 3 (Donadi Ramesh,J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad