Neutral Citation No. - 2025:AHC:107664 Court No. - 38 Case :- WRIT - A No. - 21825 of 2002 Petitioner :- Santosh Kumar Singh And Others Respondent :- State Of U.P. Thru Secy. Education And Ors. Counsel for Petitioner :- Anil Bhushan,Arpan Srivastava Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard Sri Anil Bhushan, learned Senior Counsel assisted by Sri Arpan Srivastava, learned counsel for the petitioners and learned Standing Counsel for the State-respondents. 2. The present writ petition is filed questioning the orders dated 30.03.2000 and 28.04.2000 passed by the respondents. 3. Considering the merits of the case, this Court passed the following orders on 22.05.2002: "Connect this petition along with writ petition no.14242 of 2002. Notices meant for respondent nos.1 to 3 and 5 have been accepted by learned Chief Standing Counsel. Issue notice to respondent no.4. It has been submitted by learned counsel for the petitioner that the petitioner's appointment has already been approved by the District Inspector of Schools vide order dated 12.1.1998 copy of which is annexure-3 to the writ petition but the respondents without any lawful justification, are not paying salary to the petitioner. In view of the aforesaid submission, it is hereby directed that the respondents will ensure payment of current salary to the petitioner within six weeks from the date of production of certified copy of this order or they will file counter affidavit / show cause within that period." 4. By virtue of the said order, the petitioners are continuing and salaries were also being released. Subsequently, the petitioners have filed supplementary affidavit on 16.05.2002 wherein they have specifically contended that as against the impugned order, the sanctioned posts have been reduced from 44 to 23 posts. Hence, the Management approached the State Government. Thereafter, the State Government called for report from Joint Director of Education. In turn, Joint Director has instructed District Inspector of Schools to hold a detailed inquiry regarding the sanctioned posts. Pursuant to the same, District Inspector of Schools conducted inquiry and submitted report on 20.07.2001 holding that there are 44 sanctioned posts in the Institution. Further, it is also mentioned that appointment of the petitioners which were made by Committee of Management were not illegal and those appointments were made against the sanctioned posts. The said report is also annexed along with supplementary affidavit. Even after two decades, the respondents have not chosen to file any counter affidavit denying the said aspects of the case. 5. Considering the interim order passed by this Court and on perusal of the averments made in the supplementary affidavit, the impugned orders dated 30.03.2000 and consequential orders dated 28.04.2000 are set aside, remanding the matter to the 2nd respondent to consider the report submitted by DIOS dated 20.07.2001 and take appropriate action with regard to the sanctioned strength in the 4th respondent Institution. 6. As submitted by learned Senior Counsel appearing for the petitioners that the petitioners are continuing based on the interim directions granted by this Court on 22.05.2002, hence the respondents shall allow the petitioners to continue till final orders are passed by the 2nd respondent based on the report submitted by the concerned authority. 7. It is needless to say that if the petitioners are continuing in service by virtue of the interim order passed on 22.05.2002, the respondents shall release all the dues of the petitioners within a period of two weeks from the date of receipt of the copy of this order. 8. Accordingly, the present writ petition is disposed of. Order Date :- 8.7.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad