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TUSHAR RAO GEDELA
Santosh Kumar – Appellant
Versus
Director of Education – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. This is a writ petition under Article 226 of the Constitution of India inter alia seeking the following reliefs:
"i) issue an appropriate writ in the nature of mandamus directing the respondents to release the difference of arrears of petitioners' salary based on his pay-scale 4500-725-7000 and the actual consolidated salary of Rs.4100/- p.m paid to him from 6-9-2004 till July, 2010;
AND
ii) direct the respondent no.1 further to pay salary based on his pay- scale for the month of July, 2010;
AND
iii) direct the respondent no.1 further to release the petitioner's provident fund money and gratuity:
AND
iv) this Hon'ble Court may further be pleased to direct an inquiry by the Director of Education, Government of N.C.T into the affairs of the School with regard to payment of salary to the teachers and other staffs of the school;
v) pass such other order/s as may be deemed fit and proper;"
2. The facts, shorn off unnecessary details and germane to the disputes are as under:
a. The petitioner claims to be a Graduate and a Post Graduate Diploma in Computer Applications (hereinafter referred to as "PGDCA") and cla
The qualifications for appointment must be judged by the rules in force at the time of selection, not by subsequent amendments.
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
The state cannot extract services from an employee without providing corresponding compensation. Under the principle of quantum meruit, an individual who has performed duties is entitled to remunerat....
The court clarified the employment status of the petitioner and directed verification of salary arrears computation, emphasizing the need for proper documentation.
Continuous service obligates salary payment despite appointment legality, and equal treatment demands non-discriminatory enforcement of employment rights.
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....
A teacher's entitlement to government pay scales requires formal appointment; informal or honorary status negates such claims.
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