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2007 Supreme(All) 1788
ALLAHABAD HIGH COURT
V.K.Shukla
MADHU SUDAN SINGH
Versus
STATE OF U P
Decided On : 15 June 2007
C. M. W. P. No. 8355 of 2007
Ashok Khare, B.K.SINGH, K.R.Sirohi, KAMLESHWAR SINGH, R.C.DWIVEDI,
Headnote:
Petitioner, an Assistant Teacher in L. T. Grade in Ram Surat Singh Inter College, Tarighat, District Ghazipur, approached the Court for following relief: (a) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the promotion of the petitioner on the post of Lecturer in History without influencing order passed by Civil Judge, (S. D.) Ghazipur in Suit No. 349 of 1995. (b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to allow the respondent No. 5 to continue on the post of Lecturer in History in the Institution. (c) Issue such other writ, order or direction which this Honble Court deem fit and proper under the facts and circumstances of the case. (d) award cost of the writ petition to the petitioner.
Fact of the Case:
Petitioner Madhu Sudan Singh, Assistant Teacher in L. T. Grade in Ram Surat Singh Inter College, Tarighat, District Ghazipur, has approached this Court for following relief: (a) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the promotion of the petitioner on the post of Lecturer in History without influencing order passed by Civil Judge, (S. D.) Ghazipur in Suit No. 349 of 1995. (b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to allow the respondent No. 5 to continue on the post of Lecturer in History in the Institution. (c) Issue such other writ, order or direction which this Honble Court deem fit and proper under the facts and circumstances of the case. (d) award cost of the writ petition to the petitioner.
Finding of the Court:
The Court found that the appointment of Nagesh Kumar Singh, respondent No. 5, was void and that he had been paid salary illegally. The Court also found that the injunction order passed by the Civil Judge (Senior Division) was null and void.
Issues: 1. Whether the appointment of Nagesh Kumar Singh was valid. 2. Whether the injunction order passed by the Civil Judge (Senior Division) was valid. 3. Whether Nagesh Kumar Singh was entitled to the salary that he had been paid.
Ratio Decidendi: The Court held that the appointment of Nagesh Kumar Singh was void because it was made in violation of the provisions of the U. P. Secondary Education Services Selection Board Act, 1982. The Court also held that the injunction order passed by the Civil Judge (Senior Division) was null and void because it was passed without jurisdiction. Finally, the Court held that Nagesh Kumar Singh was not entitled to the salary that he had been paid because his appointment was void.
Final Decision: The Court allowed the petition and quashed the entire proceedings of the suit and the consequential action. The Court also directed Nagesh Kumar Singh to return the entire amount paid to him through the State Exchequer within three months from the date of delivery of judgment, failing which the entire amount was to be recovered as arrears of land revenue.
Petitioner Madhu Sudan Singh, Assistant Teacher in L. T. Grade in Ram Surat Singh Inter College, Tarighat, District Ghazipur, has approached this Court for following relief :
" (a) Issue a writ, order or direction in the nature of mandamus directing the respondents to consider the promotion of the petitioner on the post of Lecturer in History without influencing order passed by Civil Judge, (S. D.) Ghazipur in Suit No. 349 of 1995.
(b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to allow the respondent No. 5 to continue on the post of Lecturer in History in the Institution.
(c) Issue such other writ, order or direction which this Honble Court deem fit and proper under the facts and circumstances of the case.
(d) award cost of the writ petition to the petitioner. "
2. Brief background of the facts giving rise to instant writ petition is that in the District of Ghazipur there is Ram Surat Singh Inter College, Tarighat, District Ghazipur. Said institution as its name suggests engaged in imparting education up to Intermediate level. Affairs of the said institution is to be strictly managed in consonance of the provision of U. P. Act No. II of 1921. Said institution is in grant-in-aid list of the State Government and the provision of U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are also fully applicable to the said institution. After enforcement of U. P. Act No. V of 1982 selection and appointment on the post of Principal, Lecturer and L. T. Grade teachers is to be made strictly as per the provisions as contained in U. P. Act No. V of 1982 and the Rules framed thereunder as well as Removal of Difficulties Order, which were prevalent at the said point of time. In the institution concerned petitioner had been appointed as C. T. Grade teacher and thereafter was promoted as L. T. Grade teacher and since then petitioner has been performing and discharging duties as L. T. Grade teacher. Four posts of Lecturers have been sanctioned in the institution concerned on 8th September, 1983 by the order passed by Director of Education and while sanctioning aforesaid posts of Lecturer categorical mention was made by the Director of Education that post of Lecturer in English shall be filled up by way of direct recruitment and the post of Lecturer in History, Economics and Sociology shall be filled up by way of promotion from amongst teachers who had been in L. T. Grade. Out of four posts which were there, Committee of Management proceeded to fill up one post by promoting Sri Ram Srish Singh as Lecturer in History and Sri Ram Ji Prasad was promoted as Lecturer in Sociology. One Jitendra Singh was appointed by direct recruitment as Lecturer in English and Kanhaiya Dubey was appointed as Lecturer in Economics by way of promotion. District Inspector of Schools did not accord approval to the promotion of Ram Srish Singh as Lecturer in History on the pretext that post in question had already been lapsed and against the said order 3-7-1992 passed by District Inspector of Schools Sri Ram Srish Singh preferred appeal before Deputy Director of Education, Varanasi which was entertained and order dated 17-3-1997 has been passed approving the promotion of Sri Ram Srish Singh and for making payment of salary. One Jwala Prasad who was also claiming promotion on the post of Lecturer in History challenged the said order dated 17-3-1997 by preferring Civil Misc. Writ Petition No. 1049 of 1997 wherein interim order was passed and operation of the order dated 17-3-1997 has been stayed. Said writ petition as on date stand dismissed. One Nagesh Kumar Singh Respondent No. 5 of present writ petition claims that vacancy of lecturer in History was published on 10-9-1992 and he applied and appeared before the Selection Committee and he was ultimately selected as Lecturer in History and he joined on 28-12-1992. Thereafter entire papers had been transmitte
