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2010 Supreme(All) 1357
2010 (80) ALR 927
ALLAHABAD HIGH COURT
ARUN TANDON, J.
KRISHNA KANT SONI
Versus
STATE OF U.P. Through SECRETARY, SECONDARY EDUCATION, U.P., AT LUCKNOW and others
Civil Misc. Writ Petition No. 16323 of 2010
Decided on : April 21, 2010
Counsel for the Petitioner: Indra Raj Singh.
Counsel for the Respondents: C.S.C.
The central legal point established is the duty of the authorities to ensure appointments are made in accordance with statutory provisions and against available vacancies only within the existing posts.
Headnote:
Education Department - Absorption of teachers, availability of vacancies, unauthorized payments - D.P. Act No. 24 of 1971, Government Order dated 20.9.1977 - The court directed the Secretary of Education to determine the sanctioned posts in institutions and take necessary actions to curb unauthorized payments and ensure appointments are made in accordance with statutory provisions.
Fact of the Case:
The petitioner, selected for the post of lecturer mathematics, was not permitted to join due to the absorption of subject experts against the same post. The court required the authorities to explain the unauthorized appointments and directed the Secretary of Education to take necessary actions.
Finding of the Court:
The authorities made unauthorized appointments and payments due to lack of awareness about the exact number of posts available in the institution, leading to wastage of public funds.
Issues: Unauthorized appointments, lack of awareness about available vacancies, wastage of public funds
Ratio Decidendi: The court directed the Secretary of Education to determine sanctioned posts in institutions and take necessary actions to curb unauthorized payments and ensure appointments are made in accordance with statutory provisions.
Final Decision: The petition was disposed off, and the Secretary of Education was directed to take necessary actions to address the issues.
ARUN TANDON, J.-This petition is one of the classic case where the authorities of Education Department of State of UP. have been passing orders without actually verifying the correct position with regard to the availability of vacancies against sanctioned post in recognized intermediate colleges as would be clear from following facts.
2. The Director Secondary Education V.P. Lucknow vide order dated 8.2.2007 directed that Shiv Kumar Khare and Saket Kumar Pateriya who were working as subject experts in the institution to be absorbed against two vacancies of lecturer mathematics in Vipin Bihari Inter College, Jhansi hereinafter referred to as the institution. The Regional Joint Director of Education, Jhansi Mandal Jhansi on 30.5.2007 forwarded a letter gated 15.5.2007 to the Director informing him that such absorption has ,been made against two posts which were within the quota for portion of lecturer Mathematics and, therefore, Shiv Kumar Khare and Saket Kumar Pateriya be absorbed in any other institution. By means of other letter dated 30.5.2007 the Joint Director of Education realizing that no amelan against such vacancy within the promotion quota was permissible stayed the payment of salary to the foresaid two teachers till further orders. With the change of the Joint Director of Education, Jhansi on 5.10.2007 another order was issued stating that since instructions from the Director are awaited, the payment of salary to the aforesaid two teachers be continued and the order dated 30.5.2007 is set aside. The payment of salary to he teachers accordingly started form the said exchequer.
3. This writ petition was filed by one Sri Krishna Kant Soni who has been selected for the post of lecturer mathematics and was recommended for appointment in Vipin Bihari Inter College, Jhansi by the U.P. Secondary Education Services Selection Board. He has not been permitted to join on the post of lecturer mathematics in Vipin Bihari Inter College, Jhansi because of non availability of the post. On the application of the petitioner the District Inspector of Schools and Joint director of Education recommended placement of petitioner in another institution vide letter dated 6.6.2008 which was followed by the order of Director of Education dated 5.9.2008. petitioner has, therefore, approached this Court by this petition. A plea has been raise that two subject experts have wrongly been absorbed against the post of lecturer mathematics in the institution because of which his appointment is not being made to.
4. This Court while entertaining the writ petition on 29;3.2010 required the Joint Director of Education to explain as to how Shiv Kumar Khare and Saket Kumar Pateriya could be absorbed against post of lecturer mathematics in the institution.
5. A counter-affidavit has been filed by the Regional Joint Director of Education and following facts have been stated.
6. According to the report of the Committee constituted for verifying the number of posts created in the institution it has been reported that there are only two sanctioned posts of lecturer mathematics in the institution and against these two posts four persons are actually working and are being paid salary through State exchequer. It has been stated that in view of said fact a recommendation has been made to the Director of Education for necessary action in the matter and till then, the payment of salary to the two teachers who were absorbed as subject experts has been stayed.
7. An affidavit has been filed by one L.T. grade teacher of the institution namely Arun Kumar Verma claiming promotion on the post of lecturer mathematics in the institution. In the affidavit it is stated that he has filed a writ petition in the year 2007 wherein the Secretary of Secondary Education, Director Secondary Education, Joint Director of Education, Jhansi Region Jhansi and District inspector of Schools are parties. The authorities have not chosen to file any counter-affidavit in the said writ petition
