DR. RAKESH SINGHversusSTATE OF U.P. AND 6 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                       WRIT - A No. - 11195 of 2026

Dr. Rakesh Singh
                                                           .....Petitioner(s)
                                  Versus

State Of U.P. And 6 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)      : Siddharth Khare, Sr. Advocate
Counsel for Respondent(s)      : Abhishek Goswami, C.S.C., Shiv Pujan
                                 Bharti

Court No. - 6
                 HON'BLE SIDDHARTH NANDAN, J.

1. Heard Shri Ashok Khare, learned Senior Counsel assisted by Shri
Yasin Ahmad, Advocate holding brief of Shri Siddharth Khare, learned
counsel for the petitioner, Shri R.K. Ojha, learned Senior Counsel assisted
by Shri Abhishek Goswami, Advocate appearing on behalf of respondent
no.7 and learned Standing Counsel for the State-respondents.

2. Contention of learned Senior Counsel appearing for the petitioner is
that the respondent no.7 alleges himself to be appointed vide order dated
21.11.2007; but however, strangely the perusal of the order dated
21.11.2007 indicates that the services will be considered w.e.f.
09.07.2009. He further submits that the respondent no.7 thereafter filed a
petition being Writ-A No.10185 of 2025 only in the year 2025 with the
following prayer:-

      "(A) Issue a writ, order or direction in the nature of Mandamus
      commanding and directing the District Inspector of Schools,
      Santkabir Nagar i.e. Respondent No.3 to pass appropriate order
      with respect to the Approval/ Financial Sanctioned to the
      appointment of the petitioner.

      (B) Issue a writ, order or direction in the nature of Mandamus
      commanding and directing the Respondents-Authorities to release
      the salary in favour of the Petitioner as admissible under the law on
      the post of Class IV employee."

3. However, the Court vide order dated 30.07.2025 was pleased to direct
the petitioner to file a fresh representation before the Director of
Education (Secondary), U.P. Lucknow and in turn he was directed to
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decide the said representation, in accordance with law.

4. He has also placed before this Court an order dated 14.11.2025 by way
of which without issuing any notice to the petitioner (as per the case of
the petitioner), an order dated 04.11.2025 was passed wherein the
financial approval was granted subject to any subsequent fraud or fact
being brought to the knowledge of the District Inspector of Schools, Sant
Kabir Nagar. However, when the said order was not implemented and
subsequent orders dated 17.12.2025 and 25.06.2026 were passed and the
Manager of the Institution has been authorized to submit the bills of the
respondent no.7 along with other employees.

5. Contention of Shri Ashok Khare, learned Senior Counsel is that from
the very perusal of the impugned order dated 21.11.2007 and thereafter
filing of the writ petition after more than 18 years i.e. in the year 2025
itself demonstrates the fraudulence of the appointment of respondent no.7
and thereafter the impugned order dated 14.11.2025 being passed without
hearing the Principal of the Institution, who is the appointing authority of
Class-IV employees, is also indicative of the fact that the impugned order
has been passed in violation of the principles of natural justice.

6. Shri R.K. Ojha, learned Senior Counsel appearing on behalf of
respondent no.7 submits that the said factual assertion can very well be
looked into by the District Inspector of Schools after giving opportunity
to the petitioner and he has no objection in case the impugned order at this
stage is set aside and the matter is remitted back to the respondent no.4.

7. In view of the aforesaid, no fruitful purpose would be served in keeping
the present writ petition pending and by the consent of the parties the
impugned orders dated 14.11.2025, 17.12.2025 and 25.06.2026 issued by
respondent no.4, are hereby set aside, with a direction to issue notice to all
the affected parties within a period of 7 days from the date of service of
certified copy of this order and decide the issue regarding the appointment
of respondent no.7 afresh, within the next two months keeping in mind
the observations made herein above and till such time the salary to
respondent no.7 shall not be disbursed. It is also made clear that in case
the salary of the Principal has been withheld, the same shall also be
released forthwith from May, 2026 till date and the same shall be
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                                    disbursed on month to month basis.

                                    8. With the aforesaid observations/directions, the writ petition stands
                                    allowed.



                                                                                    (Siddharth Nandan,J.)
                                    September 11, 2026
                                    S.Prakash




Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad