Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:62568 Court No. - 6 Case :- WRIT - A No. - 23217 of 2017 Petitioner :- Durga Rai Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Indrasen Singh Tomar Counsel for Respondent :- C.S.C.,Shiva Nand Pandey Hon'ble Saurabh Shyam Shamshery,J.
1. Sri Indrasen Singh Tomar, learned counsel for petitioner is not present. 2. This writ petition is pending since 2017. This writ petition is filed seeking following relief :-
"It is, therefore, Most respectfully prayed that this Hon'ble court may graciously be pleased to issue:- I) a writ, order or direction in the nature of mandamus commanding the District Social Welfare Officer to send the name of the petitioner for Two Years Distant BTC Training through District Institute of Education & Training, Azamgarh. II) any other suitable writ, order or direction as this Hon'ble court may deem fit and proper under the circumstances of the case. III) allow the writ petition with cost."
3. Sri Brijesh Narayan Srivastava, learned Standing Counsel for State refers paragraph Nos. 4 and 5 of counter affidavit, which is reproduced hereinafter :-
"4. That in reply to the contents of paragraph nos.4, 5 and 6 of the writ petition it is stated that it has been mentioned in the Government Orders dated 31.03.1992 and 31.03.1994 pertaining to grant in aid conditions that without permission of State Government, appointment against the vacant posts will not be done after taking into grant-in-aid list. 5. That in reply to the contents of paragraph no.7, 8 and 9 of the writ petition it is stated that in compliance of Hon'ble Court's order dated 31.03.2005 passed by the Hon'ble Court in WRIT PETITION No.20224 of 2005 (Durga Rai Versus State of U.P. and others), the then District Social Welfare Officer, vide its order dated 04.04.2005 has ordered to make payment to the petitioner, by adjusting as untrained teacher in the Anusuchit Jati Kanya Primary Pathshala, Bilari, Block Ahraula, District Azamgarh. However, as per aforesaid Government Orders dated 31.03.1992 and 31.03.1994, in absence of approval/permission of appointment from the State Government, payment of salary is not permitted to the petitioner."
4. No rejoinder affidavit is filed. 5. In the aforesaid circumstances, since appointment of petitioner was never approved by the State, therefore, prayer sought cannot be allowed and accordingly, present writ petition is dismissed. 6.
A copy of this order be sent to petitioner on his given address. Order Date :- 24.4.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad