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2018 Supreme(All) 273

ALLAHABAD HIGH COURT
SIDDHARTH, J.
Smt. AMITA TRIPATHI (TEWARI) - Petitioner
Versus
DIRECTOR OF EDUCATION, ALLAHABAD AND OTHERS - Respondents
(Civil Misc. Writ Petition No. 6698 of 1995, decided on 28th February, 2018)

Advocates:
Counsel :
S.S. Chauhan, R.S. Mishra, R.S. Sharma and Vinayakrishna Malaviya for the Petitioner; P.S. Baghel, D.K. Singh, S.C., V.K. Singh and Y. Shukla for the Respondents.

Headnote:Uttar Pradesh Secondary Education Service Commission and Selection Board Act, 1982—Sections 18 and 33-A—First Removal of Difficulties Order, 1981—Clause 5(2)—Appointment—L.T. Grade Teacher—Regularisation—Petitioner initially appointed in 1982 in L.T. grade against clear vacancy and ever since petitioner was continuously working—Ad hoc appointment on substantive vacancy were to be made in accordance with Section 18 of 1982 Act—Provisions of Section 18 relating to ad hoc appointment were deleted on 14.7.1992—Claim of petitioner that she was appointed against clear vacancy in L.T. Grade in 1982 requires following of procedure as per First Removal of Difficulties Order, 1981—Compliance of Clause 5(2) of same not found—An appointment against Law does not attracts equity when the initial appointment is illegal. [Paras 19 to 34]

       Result; Petition Dismissed.

       

JUDGMENT

Hon’ble Siddharth, J.—Heard Sri N.L. Pandey, learned Counsel for the petitioner and Sri Sankalp Narain holding brief of Shri V.K. Singh, learned Counsel for the respondents.

2. This writ petition has been filed by the petitioner, praying for the following reliefs,

a). a, writ of mandamus, order or direction in the nature of mandamus be issued commanding the opposite parties Nos. 1,2 3 and 4 to direct the Management to produce the salary bill to the petitioner and to allow the petitioner to sign the attendance register;

b). a writ of mandamus, order or direction in the nature of mandamus be issued directing the opposite parties to pay entire promotional benefit of the petitioner counting regular service of the petitioner on the basis of order dated 20.1.1994;

c). any other writ, order or direction in the nature of a writ be issued, which this Hon’ble Court may deem fit and proper in the circumstances of the case and to which the petitioner is entitled in law;

3. The facts of the case are that Kanpur Kanya Mahavidyalaya Inter College (hereinafter referred to as ‘’Institution’) is a recognized institution under the Uttar Pradesh Intermediate Education Act, 1921, and Regulations framed there under. The payment of Salary Act, 1971, is applicable in the institution and, as such, the salary to the teachers and employees is being paid under the provisions of Payment of Salary Act, 1971. Under Section 3 of the Payment of Salary Act, 1971, the provisions have been laid down that in case the Management does not pay the salary to the teachers and employees of the institution the same can be paid by the District Inspector of Schools, under the provisions of Sub-section 3 of the said Section. It is further provided that in case the Management does not pay the salary to all the teachers and employees of the institution the District Inspector of Schools may disburse the salary by way of single operation of the account, so that the teachers or employees should not suffer. The petitioner was initially appointed in 1982, in L.T. grade against clear vacancy, to teach Science subjects to the students of Class IX and X and ever since the petitioner was continuously working in the institution as Assistant Teacher. The Principal of the institution has also issued a certificate to the petitioner on 9.1.1994, 30.10.1996 and 30.1.1989, stating clearly that the petitioner is teaching Science subjects to the students of Class IX and X since 1982 and her performance is upto the mark. The State Government promulgated an ordinance on 6.5.1991, by which the provisions of Section 33-A were added in the Uttar Pradesh Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as an ‘’Act No. 5 of 1982') by adding said provisions. The teachers, who were appointed against clear vacancy after 12.6.1985 or before 13.5.1989 and were continued on their post, were regularized. After the aforesaid ordinance the petitioner sought her regularization on the post of L.T. grade teacher, by making various representations, but no heed was paid to the representations of the petitioner and, as such, the petitioner was left with no alternative but to file a writ petition in this Hon’ble Court claiming her right for regularization of the services in the institution. The writ petition of the petitioner was finally disposed of by order dated 26.7.1991 with observation that the petitioner’s representation regarding regularization of her service be considered expeditiously be Regional Inspectress of Girls School within four months from the receipt of certified copy of this order. The petitioner constantly approached to the Authorities, but on account of inaction of the Management the petitioner’s case remained pending for about two and half years and ultimately the case of the petitioner was decided by order dated 20.1.1994, passed by opposite party No. 2. It is worthwhile to mention here that the post of Regional Inspectress of Girls Schools


















































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