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RAJANI DUBEY
Rekha Patel – Appellant
Versus
State of Chhattisgarh, through Secretary, Department of School Education – Respondent
ORDER :
The petitioners have preferred the present writ petition under Article 226 of the Constitution of India against the order/letter dated 3.12.2010 (Annexure P/1) passed by respondent No.2 whereby claim of the petitioners for approval of their appointment on the post of Assistant Teacher and grant of salary in aided school has been rejected.
2. Brief facts of the case, as narrated in the petition, are that respondent No.5 - is a society registered on 24.3.1954 in the name and style of Chirmiri Colliery Vidhayalaya Samiti, Chirmiri and is receiving grant-in-aid from the State Government, hence the Act and Rules framed by the State are applicable to it. The petitioners were engaged as Teacher in January, 1996, however, the order of appointment was issued by respondent No.5 on 1.10.1996 vide Annexure P/3. Thereafter, the case of the petitioners was forwarded to the competent authorities for its approval i.e. Deputy Director, Education, Baikunthpur, Korea and after due examination, their appointment was approved. Since the petitioners were not being paid salary, they made representations to the in-charge Minister, however, no action was taken by the authorities on it. Hence the peti
The court emphasized the need for a detailed enquiry into the appointment of the petitioners and highlighted the importance of compliance with rules for salary release and eligibility determination.
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
Salary claims in public service are contingent upon the legality of the appointment; illegal appointments do not confer entitlement to salary.
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