Badri Prasad Mishra v. District Inspector of Schools Banda
1990-02-14
G.K.MATHUR, S.D.AGARWALA
body1990
DigiLaw.ai
JUDGMENT 1. Heard the learned counsel for the petitioner and the learned standing counsel. 2. The petitioner was appointed as a Class IV employee by appointment letter dated 29.6.1988 in the Tyagi Intermediate College. Ainchawara, District Banda. He joined his duty on 1.7.1988, and since then he has been working in the college. 3. B.A. order dated 15.6.1989, the District Inspector of Schools, Banda, also gave a financial sanction to the appointment of the petitioner, as he was appointed on a vacant and a sanctioned post. 4. The Assistant Accounts Officer, respondent No. 2, B.A. order dated 4.7.1989 has ordered that since the financial sanction was given on 15.6.1989 to the appointment the petitioner is not entitled to his salary from 1.7.88 till 14.6.1989. This order, in our opinion, is manifestly erroneous. In the order giving financial approval to the appointment of the petitioner, it has not been stated that the financial approval was given from 15.6.1989. The financial approval itself clearly entitles the petitioner to salary from 1.7.1988. 5. Even otherwise, since the appointment has been made by the management on a vacant sanctioned post, the respondent No. 2 could not have refused to pay him salary from the date of appointment. 6. The petition is, accordingly, allowed. Respondent Nos. 1 and 2 are directed to pay salary to the petitioner with effect from 1.7.1988 to 14.6.1989. The petitioner is receiving salary after 14.6.1989. With the above observations, the petition is disposed of.