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2015 Supreme(All) 3317
ALLAHABAD HIGH COURT
Sudhir Agarwal, J.
Raj Kumar and Others - Appellant
Versus
State of U.P.Through Secy Secondary Education - Respondent
Service Single No. 2502 of 2004, Service Single No. 3817 of 2005 & Service Single No. 121 of 2005
Decided On : 17-04-2015
For the Petitioner:- Dr.L.P.Misra,G.C.Verma,Vijay Krishna and J N Mathur.
For the Respondent:- C.S.C.,Devesh Singh,S.C.Shukla,Sanjai Srivastava,Vivek Raj Singh and V.R Singh.
The main legal point established in the judgment is that the termination of employees must comply with the prescribed regulations under the Intermediate Education Act, 1921, and any illegal termination should result in reinstatement with consequential benefits.
Headnote:
Termination - Class III and IV Employees - Intermediate Education Act, 1921, Regulation 10 - Summary
Fact of the Case:
The case involved the termination of Class III and IV employees at a college due to the abolition of posts. The college was recognized under the Intermediate Education Act, 1921 and had a history of disputes related to disaffiliation and closure of certain classes.
Finding of the Court:
The court found that the termination of the employees was illegal as it was not in compliance with the regulations under the Intermediate Education Act, 1921. The court ordered the reinstatement of the employees with consequential benefits, except for arrears of salary.
Issues: The main issues were the legality of the termination of employees and the compliance with the regulations under the Intermediate Education Act, 1921.
Ratio Decidendi: The court held that the termination of employees was illegal as it did not follow the prescribed procedure under Regulation 10 of the Intermediate Education Act, 1921. The court also considered the decision of the Apex Court and directed the reinstatement of the employees with consequential benefits.
Final Decision: The court allowed all the writ petitions, ordered the reinstatement of the employees with consequential benefits, except for arrears of salary, and did not award any costs.
Sudhir Agarwal, J.
1. These three writ petitions involve common questions of facts and law and, therefore, as agreed by learned counsel for the parties, are being decided by this common judgment. However, as agreed by learned counsel for the parties, Writ Petition No. 2507 (SS) of 2004 (hereinafter referred to as the "first petition") is being taken as the leading case and the facts and pleadings shall be taken therefrom.
2. This first petition, under Article 226 of the Constitution, has come up at the instance of 30 petitioners who were Class III and Class IV employees, at Colvin Taluqdar's Inter College, Lucknow (hereinafter referred as the College) and have been terminated/ceased to work on account of abolition of post. Thirty orders impugned in first petition are Annexures 1 to 30. It is stated therein that the College has followed principle of last come first go in terminating petitioners.
3. Petitioner nos.1 to 4 are Class III employee and 5 to 30 are Class IV employee. They have further sought a writ of certiorari for quashing the resolution dated 8th January, 2014 passed by Managing Committee of the Management of the College (hereinafter referred to as MCM) together with consequential decision dated 06.02.2004, taken by sub-committee. There are two prayers of writ of mandamus (I) to direct the respondents college to allow petitioners to work as Class III and IV employees and to pay their salary, and (II) to direct respondent nos.1 and 2 to take college into grant-in-aid list and undertake responsibility to pay salary to petitioners.
4. In Writ Petition No. 3817 (SS) of 2005 (hereinafter referred to as the "second petition") there is a single petitioner, who was working as a Class-III employee and terminated vide order dated 19.02.2004.
5. Writ Petition No. 121 (SS) of 2005 (hereinafter referred to as the "third petition") has come up at the instance of 15 petitioners. Petitioner no. 1 is a Class-III employee and terminated vide order dated 14.05.2004 while petitioners no. 2 to 15 all are Class-IV employees. However, petitioners no. 2 to 11 have been terminated vide order dated 14.05.2004 and petitioners no. 12 to 15, terminated vide order dated 11.02.2004.
6. Brief historical background giving rise to the present dispute, as per the pleadings of writ petition, are as under.
7. The College is run and managed by "Colvin Schools Society" (hereinafter referred to as the Society) registered under the Societies Registration Act, 1860. The college is recognized by the Board of High School and Intermediate Education U.P., (hereinafter referred to as the "U.P. Board") under provisions of Intermediate Education Act, 1921 (hereinafter referred as the Act 1921) as well as Rules and Regulations framed thereunder: It has also got an approved scheme of administration to govern the affairs of the College. It is said that some maintenance and compensatory grants used to be given by State Government which continued upto 1993-94. Thereafter management committed default in supplying details of income and expenditure. Copy of details of yearwise grant-in-aid received by College upto 1992-93 has been placed on record as Annexure-32 of the first petition, which shows that grant was received from 1969-70 to 1992-93. The College got recognition from the Council for Indian School Certificate Examination (hereinafter referred to as the "CISCE") and a Certificate of Affiliation was issued on 25.11.1980. In furtherance thereof, the College, established a separate English Medium Wing which is also being run by the MCM.
8. After receiving affiliation certificate dated 25.11.1980, the MCM requested State Government to grant permission and no objection to the College for imparting education in commerce preparing students for High School and Intermediate level exam conducted by CISCE in view of prescriptions made under Regulation 8(f) as provided vide Government Order dated 28.08.1980. No objection was issued by State Government vide Government
