Neutral Citation No. - 2025:AHC:40704 Court No. - 7 Case :- WRIT - A No. - 1406 of 2008 Petitioner :- Lallan Prasad Yadav Respondent :- State of U.P. and Others Counsel for Petitioner :- G.K. Singh,Hritudhwaj Pratap Sahi,Sankalp Narain,V.K. Singh Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard Sri Omkar Nath, learned counsel for the petitioner and learned Standing Counsel for the respondent-State. 2. Learned counsel for the petitioner submits that petitioner was appointed on the post of Assistant Teacher in Junior High School and approval was granted by the District Basic Education Officer by order dated 11.11.1987, which is annexed at page no. 83 of the paper book. Learned counsel for the petitioner further submits that by means of the impugned order dated 28.11.2007 passed by respondent no. 2 the salary of the petitioner has been stopped as the petitioner's approval letter was found to be forged. Learned counsel for the petitioner further submits that the impugned order refers to the letter dated 21.8.2007 in respect of the approval of the petitioner by the District Basic Education Officer, which is annexed at page no. 81 of the paper book would show that the approval order dated 21.8.2007 of the District Basic Education Officer was granted to ten persons which does not include the name of the petitioner although the aforesaid order dated 21.8.2007 records that the petitioner was granted approval by order dated 11.11.1987. Learned counsel for the petitioner further submits that the objection in the impugned order that the order dated 21.8.2007 is a forged document does not apply to the petitioner as the approval of the petitioner was granted by order dated 11.11.1987. It is further submitted that the aforesaid order dated 11.11.1987 till date has not been cancelled. Learned counsel for the petitioner has drawn attention of this Court to the averment made in paragraph no. 25 of the writ petition which was not denied by the State in paragraph no. 15 of the counter affidavit. He submits that once the petitioner is duly appointed and approval order has been granted then salary of the petitioner cannot be stopped more particularly when the approval letter dated 11.11.1987 has not been cancelled by the respondent authority. 3. Learned Standing Counsel for the respondent-State has opposed the writ petition and submits that the approval order dated 21.8.2007 of the petitioner was found to be forged. On a query being made to learned Standing Counsel as to how approval order dated 21.8.2007 is applicable in respect of the petitioner as the aforesaid order indicates that the approval of the petitioner was granted by separate order dated 11.11.1987, learned Standing Counsel for the respondent-State does not dispute the approval order dated 11.11.1987 and further does not dispute the fact that paragraph no. 25 of the writ petition has not been denied in paragraph no. 15 of the counter affidavit. 4. It is to be seen that the petitioner has been appointed on the post in question and approval order has been passed on 11.11.1987 in favour of the petitioner and it is an admitted case of the respondents that order dated 11.11.1987 has not been cancelled. The impugned order records a finding with regard to the forged document being the order dated 21.8.2007 which is not the approval order of the petitioner, therefore, the impugned order is not sustainable under law. Since the validity of the approval order dated 11.11.1987 has not been denied in paragraph no. 15 of the counter affidavit, therefore, the impugned order is liable to be set aside. 5. Accordingly, the impugned order dated 28.11.2007 passed by respondent no. 2 (in respect of petitioner) is hereby set aside and the respondents are directed to release the salary of the petitioner in accordance with law within a period of two months from the date of production of certified copy of this order. In the event, the salary of the petitioner is not released within the period of two months from the date of production of certified copy of this order, the petitioner would be entitled for payment of interest to the tune of Rs. 12 % per annum from the date when the salary is due. 6. With the aforesaid observation/direction, the writ petition stands allowed. Order Date :- 20.3.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad