2013 Supreme(All) 2824
ALLAHABAD HIGH COURT
BEFORE : SUDHIR AGARWAL, J.
RAJIV SHARMA ......Petitioner
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Civil Misc. Writ Petition No. 24224 of 1996, decided on 16th December, 2013)
Counsel :
B.B. Paul and A.P. Paul for the Petitioner; C.S.C. for the Respondents.
Headnote:U.P. Secondary Education Services Selection Board Act, 1982—Sections 18(1) and 33-A—U.P. Secondary Education Services Commission (Removal of Difficulties) Order, 1981—Para 5—Appointment—Ad hoc appointment—L.T. Grade Assistant Teacher—Regularisation—Petitioner was appointed on ad hoc basis on aforesaid post, dated 22.8.1993, and since then he was continuing—Merely on account of lapse of long period of time of almost 20 years, from the date of his appointment, pursuant to ex parte interim order passed by D.I.O.S. on 16.9.1996 it cannot be said that petitioner is entitled for regularisation—Procedure prescribed for ad hoc appointment also not followed—Appointment of petitioner found void ab initio—No provision referred by petitioner to fortify his right to claim regularisation—Flagrant illegality as committed by College Management deprecated. [Paras 8 to 25]
Hon’ble Sudhir Agarwal, J.—Called in revised. Heard Shri B.B. Paul, learned counsel for petitioner and learned Standing Counsel for respondent Nos. 1 to 4.
2. Petitioner has filed this writ petition under Article 226 of the Constitution of India seeking a writ of mandamus commanding the District Inspector of Schools, Aligarh (hereinafter referred to as “D.I.O.S.”) to accord financial approval to petitioner’s appointment on the post of Assistant Teacher, L.T. Grade in Gopi Ram Paliwal Inter College, Aligarh (hereinafter referred to as “College”) and to continue to pay him regular salary on the said post alongwith arrears from 22.8.1993. Through an amendment application No. Nil of 2013, which has been filed alongwith supplementary-affidavit dated 11.9.2013, one more prayer has been sought to be added i.e. commanding the respondents to regularise the services of petitioner on the post of Assistant Teacher, L.T. Grade from the date, the same became due to him.
3. The aforesaid College is a recognised aided non Government Secondary Educational institution imparting education from Class VI to Class XII governed by U.P. Intermediate Education Act, 1921 (hereinafter referred to as “1921 Act”) and for the purpose of payment of salary, it is governed by Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as “1971 Act”).
4. It is also not in dispute that for the purpose of recruitment of teaching staff of the college, it is governed by the provisions of Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as “1982 Act”). One post of Lecturer and two posts of Assistant Teacher, L.T. Grade were vacant hence, a requisition was sent by the Management to U.P. Secondary Education Services Commission and Selection Board (hereinafter referred to as “Board”) through D.I.O.S., a copy whereof has been filed as Annexure 2 to the writ petition, though in para 4 of writ petition, it is mentioned to have been filed as Annexure 1.
5. One Vishnu Dutt Sharma, Assistant Teacher, L.T. Grade was to retire on 30.6.1992 and therefore, the Committee of Management of the College in its resolution dated 29.12.1991 decided to send requisition in respect of the said future vacancy to fulfil. Since no recommendation was made by the Board, the Management proceeded to make ad hoc appointment and advertisement was published in daily newspaper ‘Amar Ujala’ Agra, on 21.7.1993, inviting applications for appointment to the post of Assistant Teacher, L.T. Grade in Hindi, History and Geography subjects. The applications were invited up to 14.8.1993 and interview was fixed on 22.8.1993. The Selection Committee recommended petitioner for appointment to the post of Assistant Teacher, L.T. Grade and placed two others in waiting list. On 22.8.1993 itself a letter of appointment was issued to petitioner appointing him under Section 18 (1) (kha) of 1982 Act on ad hoc basis as Assistant Teacher, L.T. Grade (Hindi & History) with the further condition that salary shall be paid after approval of D.I.O.S. The petitioner joined on 23.8.1993. The papers relating to appointment of petitioner were forwarded to D.I.O.S. on 23.8.1993 and since then petitioner is working but salary has not been paid. In the meantime, petitioner also submitted representation and getting no response has come to this Court with a prayer seeking a mandamus for payment of salary and financial approval by the D.I.O.S.
6. This writ petition was entertained on 6.8.1996 and this Court passed the following interim order while connecting it with Civil Misc. Writ Petition No. 15529 of 1996.
“Connect this writ petition alongwith writ petition No. 15529 of 1996.
The District Inspector of Schools, Aligarh is directed to pass orders on the representation of the petitioner sent in the year 1994 within a period of two weeks from the date of receipt of a certified copy of this order and in c