Neutral Citation No. - 2025:AHC:133160 Court No. - 38 Case :- WRIT - A No. - 7307 of 2020 Petitioner :- Munna Ansari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Raj Mohan Yadav Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed by the petitioner questioning the order dated 03.02.2020 passed by District Inspector of Schools, Deoria and further to issue a mandamus directing the respondents to pay arrears of salaries to the petitioner as assistant teacher in LT Grade in Mohammad Hussain Inter College Nawalpur, Deoria from 04.08.2011 till 02.01.2017. 3. Pursuant to the advertisement issued by the 6th respondent, the petitioner who is having qualification, has made an application and he participated in the selection process along with other candidates. As per interview held on 19.06.2011, the petitioner was selected and appointment letter was issued on 28.06.2011. Accordingly, the petitioner joined his duties on 01.07.2011 in the post of assistant teacher LT Grade. The proposals with regard to the said selection and appointment were sent to the District Inspector of Schools, Deoria by the 5th respondent for approval under Section 16 FF of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as "the Act, 1921"). Despite receipt of the said proposals, the District Inspector of Schools has not passed any orders. 4. Questioning the said inaction, the petitioner has approached this Court by way of filing Writ-A No.62746 of 2011. The said writ petition was disposed of by this Court on 03.11.2011. Consequent to the said disposal, the 4th respondent has passed the order rejecting the claim of the petitioner on 03.01.2017 on the ground that the 5th respondent is not a minority Institution. As the said proceedings were assailed before this Court, this Court has taken serious view and directed the authorities to file personal affidavit. Consequent to the said directions, the District Inspector of Schools recalled its order dated 27.11.2012 and granted approval to the petitioner's appointment vide order dated 03.01.2017 and also released salaries from the date of approval. 5. As the petitioner was appointed in accordance with Rules and Regulations, he made a request to the concerned authorities for release of salaries from the date of appointment. The said request has been rejected by the District Inspector of Schools, Deoria on 03.02.2020. As approval of the petitioner's appointment dated 03.01.2017 has specifically mentioned that financial approval is from 03.01.2017, the said Clause was not challenged by the petitioner, hence he is not entitled for salaries before approval. 6. Learned counsel for the petitioner has submitted that the said rejection is contrary to the observations made by the division Bench of this Court in Special Appeal No.914 of 2010 Mahfooz Ahmad Khan Vs. State of U.P. and others. Section 16 FF and Regulation 17 (g) of Chapter II of the Regulations under the Act, 1921, contemplates the deemed approval. Once the proposals have been received by the competent authority, Section 16 FF and Regulation 17 (g) of Chapter II of the Regulations under the Act, 1921, mandates that the authorities have to pass orders within 30 days from the date of receipt of the proposals. Once the order has not been passed by the authorities either approving or disapproving, it is deemed approval. 7. In the instant case, the proposals were sent to the District Inspector of Schools, Deoria on 04.07.2011. As the respondents have not passed any orders either approving or disapproving the said appointment of the petitioner, Section 16 FF and Regulation 17 (g) of Chapter II of the Regulations under the Act, 1921 contemplates that appointment is deemed to be approved. Once that be so, the petitioner is entitled for salaries from the date of appointment. The said aspect was considered by the division Bench of this Court holding that it should be taken as deemed approval and claim of salaries for the period should be taken note of. 8. In view of the said observations made by the division Bench of this Court, the impugned order 03.02.2020 passed by District Inspector of Schools, Deoria is set aside, remanding the matter to the authorities concerned once again to pass the orders considering the claim of the petitioner based on the Section 16 FF and Regulation 17 (g) of Chapter II of the Regulations under the Act, 1921 and also observations made by the division Bench of this Court in Special Appeal No.914 of 2010, within a period of two months from the date of receipt of the copy of this order. 9. Accordingly, the present writ petition is disposed of. Order Date :- 6.8.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad