case will be taken up in the first DPC after creation of posts.
The writ petitions, thus, stand disposed of.
Order Date :- 22.10.2013
anb
Court ... case will be taken up in the first DPC after creation of posts.
The writ petitions, thus, stand disposed of.
Order Date :- 22.10.2013
anb
Court
post of Teachers; and, from the date of appointment in respect to the post of Junior Clerk.
9. The letter dated 29.05.1995 approving creation ... Thereafter two post of Assistant Teachers were created and appointments were approved on 21.11.1984. Three post of Assistant Teacher and one post of Peon
post of Laboratory Assistant. Further, the said post was not sanctioned by the competent Authority i.e. the Director and, there was no post ... post of Laboratory Assistant and appoint the respondent-petitioner on the said post. Admittedly, the post was not created by the Director and the post
Institution concerned may be permitted to raise its grievance regarding creation of post of Lab Assistant before appropriate authority.
To bring home relevant facts ... payment of salary to him as well as the representation regarding creation of posts.
In compliance of the aforesaid order dated 30.09.1999, passed by this
regulations framed thereunder did not specifically provide for creation of post after recognition of an institution, however, creation of post was resorted ... teaching and other works in an institution. With regard to creation of post, the orders were issued by the State Government from time to time
fastened upon the State Exchequer in absence of sanction and creation of post by the competent authority ?
(3) As to whether the petitioner is entitled ... that prior approval of Director or any other authorized officer for creation of post is necessary condition precedent for reimbursement of salary payable to such
post and held:
15. The court cannot direct the creation of posts. Creation and sanction of posts is a prerogative of the executive or legislative ... arrogate to itself this purely executive or legislative function, and direct creation of posts in any organisation. This Court has time and again pointed
Director, Mandi Parishad vide his letter dated 4.6.1996 recommended for creation of post and sought approval from the Chairman, Mandi Parishad/Principal Secretary (Agricultural), Government ... post in question does not exclude the factum of creation of post from the ambit and scope of aforesaid Regulation if the power of creation
created and sanctioned posts, namely, one post of Head Master, six posts of Assistant Teachers, one post of Clerk and two posts of Peons. Their ... thus, 31 new posts were created. Earlier, there were only 13 posts viz. 4 posts in L.T.grade and 9 posts
claim of the
petitioner in the impugned order. Firstly that the post
creation order dated 13.12.1982 (annexure 1 to the writ
petition) could ... that the District Inspector of Schools
has been continuously certifying the post creation order
dated 13.12.1982 and an altogether new case has been
taken
