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2002 Supreme(All) 1119
HIGH COURT OF ALLAHABAD
Rakesh Tiwari
SHARDA PRASAD YADAV
Versus
DISTRICT INSPECTOR OF SCHOOLS DEORIA
Decided On : 28 August 2002
C. M. W. P. No. 30715 of 1993
Gyan Prakash, H.P.MISHRA, R.C.DWIVEDI, T.P.SINGH,
The court emphasized the importance of obtaining prior approval for filling non-teaching staff vacancies as mandated by Regulation 101.
Headnote:
Appointment - Class-IV Employees - U. P. Intermediate Education Act, 1921, U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971 - Regulation 101
Fact of the Case:
The petitioners, appointed as Class-IV employees in an institution receiving grant-in-aid, filed a writ petition seeking payment of salaries and arrears. The appointments were allegedly made without proper advertisement and financial approval.
Finding of the Court:
The court found that the appointments were made against the rules and without financial sanction. It held that the petitioners were not entitled to salary under the U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971.
Issues: Validity of appointments, entitlement to salary, and reliance on Regulation 101 for financial approval.
Ratio Decidendi: The appointments made against the rules and without financial sanction were not entitled to salary under the U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971. Regulation 101 mandates obtaining prior approval for filling non-teaching staff vacancies.
Final Decision: The writ petition was dismissed, and the court held that the petitioners were not entitled to salary under the Act. The appointments made against the rules could not be regularized.
Heard the learned Counsel for the parties and perused the records.
2. Maharaja Agrasen Inter College, Deoria is receiving grant-in-aid from the State Government. It is a recognized institution under the U. P. Intermediate Education Act, 1921 and the payment of salaries of teachers and other employees of the institution are made under the provisions of U. P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act, 1971.
3. According to the averments made in the writ petition, there are eighteen sanctioned posts of Class-IV employees in the institution. Six posts out of them fell vacant due to retirement of four employees and two fell vacant due to promotion of the incumbent of Class-IV employees. It is not clear from the averments made from the writ petition or from Annexure-1 appended with it that these vacancies were advertised in the newspapers having wide circulation. It appears from the perusal of Annexure-1 to the writ petition that applications were invited for appointments on six vacancies of Class-IV employees by publication on notice board.
4. There is no date on the notice appended with the writ petition showing when it has been published on the notice board.
5. It is further alleged that the petitioner applied against the aforesaid six vacancies of Class-IV employees and they were selected by the Selection Committee constituted by the Principal of the institution. In pursuance of the recommendations of the Selection Committee, the petitioners were issued appointment letters appointing them on probation for a period of one year and they joined their services on 1-7-1992. The Counsel for the petitioners submits that the petitioners have been continuously discharging their duties as Class-IV employees in the institution. He further submits that the papers regarding appointments of the petitioners were also sent to the District Inspector of School, Deoria for granting financial approval to the appoints and when nothing was heard, reminder letters dated 13-3-1993 and 21-6-1993 were also sent thereafter, but there was no response from the D. I. O. S.
Aggrieved by this situation, the petitioners filed the present writ petition praying for grant of following main reliefs:
(i) to issue a writ, order or direction in the nature of mandamus directing the respondents to pay the salary of the petitioners for the post of IVth Class employees in the institution,
(ii) issue a writ, order or direction in the nature of mandamus directing the respondents to make payment of arrears of salaries to the petitioners which is due against them,
(iii) issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the functioning of the petitioners as IV Class employee in the institution.
6. At the time of admission, this Court granted an ad-interim order directing the case to be listed for admission on 26-10-1993 and in the meanwhile it was directed that the petitioner shall be paid salary for the period they have worked. The Standing Counsel was also directed to file counter affidavit on behalf of the respondents within a period of one month, but inspite of repeated orders granted time to time no response was filed by the respondents. On 30-3-1994 the following order was passed by this Court:
"sri Gyan Prakash has put in appearance on behalf of the Respondents No. 3 and 4. Time was granted to the Standing Counsel to file a counter affidavit but no counter affidavit has been filed. Standing Counsel is granted six weeks further time to file a counter affidavit. List thereafter. "
7. It is alleged in the writ petition that though the petitioners were appointed against substantive vacancies and no approval is required in the matter of appointments on Class-IV posts, yet the D. I. O. S. did not grant financial sanction nor made any communication refusing to grant financial sanction and the petitioners are continuously working in the institution since th
