Neutral Citation No. - 2025:AHC:87729 Court No. - 38 Case :- WRIT - A No. - 52532 of 2014 Petitioner :- Shanker Lal And Another Respondent :- State Of U.P. And 5 Ors Counsel for Petitioner :- Ashok Khare,Kaushalendra Nath Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the parties. 2. The writ petition is filed by the petitioner questioning the order dated 06.09.2014 wherein financial approval has been rejected to the petitioner based on the Government Order dated 06.01.2011. 3. Initially, when the substantive vacancies arose in the 5th respondent - Institution, it sought permission / approval from the competent authority i.e. District Inspector of Schools, Allahabad for initiation of the procedure pertaining to the said vacancies on 29.12.2007. The said request was allowed by the respondents. Accordingly, the 5th respondent - Institution notified in the daily newspaper advertising vacancy of Class-IV posts. After due selection, both the petitioners were selected vide select list dated 05.08.2008, the same was sent to the concerned authority for grant of financial approval. 4. Subsequently, the District Inspector of Schools, Allahabad i.e. competent authority sought some clarification from the 5th respondent - Institution and after satisfying the same, he has forwarded the proposals to the 2nd respondent - Joint Director, vide his letter dated 04.03.2010. 5. When the said proposals were not attended by the 2nd respondent - Joint Director, the petitioners constrained to approach this Court by way of filing Writ-A No.37835 of 2012. On 06.08.2012, the said writ petition was disposed of with the following directions: "In view of the above, the prayer, as has been made, cannot be accorded. However, the aforesaid authority i.e. District Inspector of Schools shall proceed to consider the papers so transmitted and proceed to pass order within two months, then thereafter in the event of approval being there the further follow up action can be taken by Principal of the institution. Writ petition stands disposed of." 6. Pursuant to the orders of this Court, the respondents rejected claim of the petitioners on 06.09.2014 only on the ground that the State Government has issued Government Order dated 06.01.2011, according to which Class - IV posts should be engaged on outsourcing basis. Hence, the petitioners' claim was rejected. 7. After notice, the respondents have filed counter affidavit. Even in the counter affidavit, they have relied on the directions issued by the State Government in its order dated 06.01.2011. As per the said directions of the State Government in its order dated 06.01.2011, the respondents have rightly rejected claim of the petitioners as the Institution has to fill up the posts by way of outsource employees. 8. In reply to the said contention, learned counsel for the petitioners has brought to the notice of the Court that the said Government Order dated 06.01.2011 has been quashed. Though this Court has not decided validity of the said Government Order but it has decided that vacancies which arose before existence of the said Government Order would not be applicable to obstruct the appointment. 9. Considering the observations made by this Court in bunch of petitions in the case of C/M Lala Babu Baijal Memorial Inter College and another Vs. State of U.P. and others, 2012 SCC ONLine All 553. In the instant case, vacancies arose in the year 2007 and the approval was granted by the respondents on 29.12.2007 for filling up vacancies. In the said circumstances as held by this Court in the above judgment, the Government Order dated 06.01.2011 is not applicable to the present case. Accordingly, the impugned order dated 06.09.2014 is set aside. As the petitioners have established that they have appointed by following the procedure contemplated under the Rules for the said posts, therefore, the respondents - authorities should have regularized services of the petitioners after obtaining financial approval. 10. In view of the said circumstances, the writ petition is disposed of with the direction to the respondents more particularly the 2nd respondent to accord financial approval, if selection is made in accordance with law, within a period of two months from the date of receipt of the copy of this order. 11. It is needless to say that if the financial approval is granted, the respondents may also release all consequential benefits to the petitioners. Order Date :- 23.5.2025 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