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2015 DIGILAW 3349 (ALL)

Om Prakash Yadav v. Joint Director of Education

2015-10-27

D.Y.CHANDRACHUD, YASHWANT VARMA

body2015
JUDGMENT The learned Single Judge while dismissing the writ petition filed by the appellants under Article 226 of the Constitution has affirmed the findings of fact contained in the order of the Joint Director of Education dated 29 April 2014. The findings of fact are that in the institution in question there were eight sanctioned posts of Class-IV employees and in the month of July 1992 when the appellants were alleged to have been appointed, all eight posts had been duly filled up. Moreover, it has been found that though the then Manager had advertised two Class-IV posts in a local newspaper on 15 June 1992, he was not the appointing authority. In other words, without there being any vacancy and by conducting a sham selection proceeding, the then Manager wrongly showed the appellants to have been appointed on Class-IV posts. On 6 December 1996, the District Inspector of Schools had also observed that the appointment had been made against non-existent posts as a result of which financial approval would not be granted. There is also a finding of fact to the effect that the alleged order of the District Inspector of Schools dated 28 February 1997 purportedly granting financial approval is a fabricated document which was not borne out from the record. Having due regard to these findings of fact, the judgment of the learned Single Judge does not warrant interference in special appeal. The special appeal is accordingly dismissed. There shall be no order as to costs.