Court : Allahabad Lucknow
..... section 9 is mandatory. this principle in gopal dubey's case follows specifically the judgment of the supreme court in gajadhar prasad verma's case which was rendered while interpreting the provisions of section 9 of the act of 1971. the high court cannot issue a direction contrary to the mandate of section 9. orders under article 226 must conform ..... case. the judgment in om prakash verma is consistent with the law laid down in gopal dubey's case. in the absence of a sanctioned post, the high court under article 226 of the constitution would not be justified in issuing a mandamus for the payment of salary, particularly since a mandamus cannot lie in the absence ..... approval of the director and the failure of the management to obtain prior approval disentitled it to obtain reimbursement of the salary of such a teacher or employee. the supreme court held as follows: "4. be that as it may, the crucial question is whether the school of the respondent can claim reimbursement of the salary of such .....
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