COURT NO.2 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) 5103/2001 (Old No. 9452/2000) Kushal Naresh Singh ........Petitioner Versus State of U.P. & Others .........Respondents Sri N.S. Negi, learned Counsel for the petitioner. Sri H.M. Raturi, learned Standing Counsel for the State of Uttarakhand. 2nd April, 2008 Honʹble P.C. Verma, J. The petitioner was duly selected candidate on the post of Assistant Teacher in Junior High School. His appointment was duly approved by the Basic Shiksha Adhikari as required under the rules. Later on the institution was upgraded to the High School, but the institution after upgradation was not brought in grant in aid. Thereafter the approval of appointment granted to the petitioner was cancelled by the Basic Shiksha Adhikari vide the impugned order dated 22.1.2000, which is contained as Annexure No. 16 to the writ petition. 2. It is not disputed that recommendation of the Junior High School and grant in aid to the Junior High School was also not withdrawn. Since the institution is grant in aid up to Junior High School, therefore, the petitioner is entitled to continue and draw his salary. Accordingly, the writ petition is allowed. A writ of mandamus is issued and respondents are directed to allow the petitioner to continue. The petitioner shall be paid the salary regularly. No order as to costs. (P.C. Verma, J.) Prabodh