Neutral Citation No. - 2025:AHC:55853 Court No. - 6 Case :- WRIT - A No. - 62712 of 2015 Petitioner :- Jagar Nath And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Keshav Kumar Srivastava,Vrindavan Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Mr. Atul Kumar, Advocate holding brief of Mr. Vrindavan Mishra, learned counsel for the petitioners and Ms. Shruti Malviya, learned Brief Holder for the State. 2. It is the case of the petitioners that they were appointed in pursuance of a process initiated to increase posts of Assistant Teachers in Schools run by Social Welfare Department. 3. Learned counsel for the petitioners submits that process for appointment was initiated and after their appointment on 25.03.2003 they have joined their services. However, since no salary was paid, therefore, they have approached this Court by way of filing Writ-A No.33564 of 2010, which was disposed of by order dated 11.07.2014 to consider the claim of the petitioners. It is further submitted that by impugned order dated 12.08.2015, claim of the petitioners was rejected on a ground that their appointment were without sanction of the post and he refers relevant part of it. "12. इस पककर ततककललन सससथक पबसधक/ जजलक समकज कलयकण अजधककरल, कक शलनगर कक आदकश सस० 2216-17/स०क०/ आ० अनक० वरर 2003-04, ददनकसक 25.03.2003 मम 17 अधयकपकक कक अववध एवस अववतदनक दनयकदकयकस दबनक ससजजत पद कक दवदभन दवदकलयक मम कक गयल हव, जजनमम यकचल एवस 11 अनय अधयकपक भल समममजलत हव। उ०प० मकनयतक पकप बकजसक सकक ल ( अधयकपकक कक भतर तथक सकवक कक शतरस और अनय शतर) दनयमकवलल- 1975 तथक यशकससशशजधत दनयमकवलल- 1977 कक अनकपकलन सकदनदशत नहह दकयक गयक हव। जजलक समकज कलयकण अजधककरल, कक शलनगर कक पत सस० – 541/स०क०/दव०प०पक०/ ररट यकदचकक /2015- 16 ददनकसक 22.06.2015 दकरक अवगत करकयक गयक हव दक इन यकचल अधयकपकक दकरक दनयकदक आदकश ददनकसक 25.03.2003 कक कम मम ससबसजधत दवदकलय मम आज तक न तश ककयरभकर गहण दकयक गयक हव और न हल उनकक दकरक कशई अधयकपन ककयर दकयक गयक हव। वतरमकन मम उ०प० दननशकलक और अदनवकयर बकल दशकक कक अजधककर दनयमकवलल- 2011 लकगक हव। पररणकमसवरप अपदशदकत सहकयक अधयकपक पकइमरल दवदकलयक मम दशकण ककयर कक जलयक अहर नहह हव। फलसवरप वतरमकन मम अपदशदकत सहकयक अधयकपकक कश शकसन सतर सक अनकमशदन ददयक जकनक भल औदचतयपकणर एवस दवजध सममत नहह हशगक।" 4. Learned Brief Holder refers a communications dated 16.04.2002 and 13.03.2003. She further submits that appointment of the petitioners were conditional and subject to sanction of post etc. 5. This Court has raised a query to learned counsel for the petitioners to show any document whether posts on which the petitioners were appointed were sanctioned later on. However, he has failed to show any such document. 6. In the aforesaid circumstances, since appointments were made without sanction of posts, therefore, their claim for payment of salary was rightly rejected by the impugned order after taking note of the said fact. 7. The post has to be sanctioned by the State or the Secretary, Basic Education Board, U.P. but since there is no document to show that said posts were ever sanctioned, therefore, no legal consequence will follow on basis of respective appointment letters which were not only temporary but subject to conditions, such as sanction of post, which never took place, therefore, there is no ground to interfere with the impugned order. 8. Accordingly, the writ petition is dismissed. Order Date :- 16.4.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad