SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2005 Supreme(All) 519

ALLAHABAD HIGH COURT
Sabhajeet Yadav, J.
Udai Pratap Singh, Sri Shyam Bihari Singh
Versus
State of U.P.
Civil Misc. Writ Petition 7425 of 2002
Decided On : 21 March 2005
Civil Misc. Writ Petition 7425 Of 2002

Advocates:
JAI BAHADUR SINGH, YOGESH AGARWAL,

SABHAJEET YADAV, J.

( 1 ) BY this writ petition the petitioner who is a part time Lecturer in the institution in question has moved to this Court seeking relief in the nature of writ of certiorari quashing the term and conditions of his appointment letter which presides that he will be paid honorarium at a rate of rs. 10/- per period and further writ in the nature of mandamus directing the respondent to pay him regular and equal remuneration/salary as being paid to a lecturer teaching in the intermediate classes in the subjects in question in the institution which is on grant-in-aid list of the State government and further direction of payment of arrears of salary and interest at the rate of 10% thereon has also been sought for. By amendment application moved in the writ petition anther relief has been sought in the nature of mandamus directing the respondent to treat the petitioner as a regular teacher and quash the provisions of para 6 of the Government order dated 10. 8. 2001.

( 2 ) THE facts of the case in brief are that Buba Gaya Das Technical Inter College Barhaj, Deoria is privately managed recognized institution under the provisions of U. P. Intermediate Education act, 1921 (hereinafter referred to as U. P. Act No. 2 of 1921. Vide order/letter dated 12. 8. 1993 contained in Annexure-1 of the writ petition, the Secretary, U. P. Secondary Education Board (hereinafter referred to us board) Communicated to the Manager of the institution that under the provisions of Section 7-A of the u. P. Act No. 2 of 1921 the board with previous approval of the State Government recognized the institution for imparting the instruction in the intermediate classes in Physics, Chemistry, Biology and Mathematics subjects with conditions indicated in the letter. In pursuance there-of the committee of management of the institution has appointed the petitioner for teaching intermediate classes in the subject of Biology as a part time teacher on a honorarium payment of Rs. 10/- per period vide letter of appointment issued by manager of the institution dated 26. 8. 1993 (Annexure-2 of the writ petition ). In pursuance thereto the petitioner has immediately joined the institution on the aforesaid post as a part time teacher in Biology by submitting his joining report on 27. 8. 1993 (Annexure-3 of the writ petition ). According to the petitioner, that prior to his appointment as such he was fully eligible and qualified for the post and duly selected by the selection committee constituted for the purpose by the Committee of management of the institution. Since the aforesaid date of joining on 27. 8. 1993 he is continuously teaching the students of Intermediate and High School classes in Biology subject but being paid very meagre remuneration at a rate of Rs. 10/- per period although he is teaching the classes like other regularly appointed Lecturers in the institution in question who are getting remuneration at a rate of Rs. 12,000/- per month, whereas the petitioner is being paid for the same and similar work a sum of rupees not more than 500/- per month. According to the petitioner that although he has been appointed as a part time lecturer for teaching Biology subject in the intermediate classes but besides the intermediate classes he is also teaching the students of High School in the aforesaid subject and is performing duties and responsibilities like a regular lecturer as a invigilator as well as valuar of answer books in the examinations conducted by the board. In this regard he has also filed several certificates issued by the relevant authorities from time to time along with paper book of the writ petition. It is further stated that for redressal of his grievances several representations have been moved by the petitioner to the authorities concerned as contained in Annexure Nos. 15, 16, 17 and 18 of the writ petition but since no heed has been paid over the same, therefore, he has been compelled to file above noted writ petition. By way of am


































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top