Allahabad High Court
Sunil Dutt Rai And Others vs State Of U.P. And Others on 16 June, 2010
Author: Rakesh Sharma
Bench: Rakesh Sharma
Court No. 10 Case : WRIT A No. 35367 of 2010 Petitioner : Sunil Dutt Rai And Others Respondent : State Of U.P. And Others Petitioner Counsel : Somesh Khare,Komal Khare Respondent Counsel : C.S.C. Hon'ble Rakesh Sharma,J.
Heard learned counsel for the petitioners and learned Standing Counsel who has accepted notice on behalf of Opp. Party Nos. 1 to 3. Issue notice to Opp. Party No. 4.
The Opp. Parties may file counter affidavit within six weeks. Rejoinder affidavit, if any, may be filed with in two weeks thereafter. List this case in the first week of September, 2010. As per learned counsel for the petitioners, the petitioners have been appointed in the services of the educational institution, indicated in the writ petition, after following due procedure for direct recruitment. Petitioners' appointment was made considering the compelling administrative exigencies, number of students in the institution and the interest of imparting proper education to the students in the rural areas.
Learned counsel for the petitioners have further submitted that the petitioners have been discharging duties, functions and responsibilities of the post held by them and as such, they are entitled for monthly salary. They rather submit that no one has been appointed against the said post held by the petitioners by the concerned authority and the continuance of the petitioners' service is required in the institution.
On the other hand, learned Standing Counsel has strongly resisted the motion on the ground that the petitioners were not finally and regularly appointed and there is absence of sanction of the authority concerned as required under law.
In view of the above, it is provided that if the employeremployee relationship subsists and the petitioners are continuing in the service, they shall be paid their current salary w.e.f. June, 2010 and shall be allowed to continue. The arrangement shall continue till the person duly appointed by the selection board joins the institution. Order Date : 16.6.2010 n.u.