2020 Supreme(All) 907

IN THE HIGH COURT OF ALLAHABAD
MANISH KUMAR, J.
C/M Babu Triloki Singh Inter College Thru. Manager - Appellant
Versus
State Of U.P. Thru. Secy. Secondary Edu. & Another - Respondents
Misc. Single No.13987 of 2020
Decided on : 28-08-2020

Point of law: as per requirement of Section 5 of the Act 1971, an order of single operation of account could be passed by the D.I.O.S., where the difficulty arises in disbursement of salary of the staff of the institution due to any default of the Management and as per the law settled by this Court the default must not be continued to be committed by the Committee of Management. In para 24 of the writ petition, it has been stated that the petitioner Committee of Management never defaulted in submitting salary bill of the college.

Headnote:

Payment of Salaries Act, 1971 – Section 5 – Election – Quashment of Order – Present writ petition has been filed by the petitioner for quashing of the impugned order dated 10.08.2020 passed by D.I.O.S. (District Inspector of School) under Section 5 (1) of the Payment of Salaries Act, 1971 for single operation of the Account of the College. – Babu Triloki Singh Inter College, Kakori, Lucknow is a recognized college under the Intermediate Education Act, 1921 and regulation framed thereunder. – The college is also under Grant-in-Aid Scheme of the State Government and salary of teachers and other employees of the college is paid under the Act, 1971. –As per the amended scheme of administration, which was approved and forwarded by Joint Director of Education, 6th Region, Lucknow, by letter, the term of Committee of Management of the college is for a period of 5 years and office bearers of Committee of Management are to continue for one more month from the date of expiry of term of Committee of Management, if newly elected Committee of Management does not take charge within a month after 5 year. – Last election of Committee of Management was held on 12.07.2015 and the signature of the Manager was attested by the D.I.O.S. vide its letter – Committee of Management took charge on 28.07.2015 and 5 years term of petitioner Committee of Management was expiring on 28.07.2020. – Prior to the expiry of term of Committee of Management, the President of General Body was informed by the Manager to hold the election on 28.07.2020 with a request to take necessary action for the same. – In pursuance of letter of the Manager, the President of Governing Body of the Society submitted a letter dated 14.07.2020 to the D.I.O.S. through Speed Post requesting to send an observer for the election scheduled for 28.07.2020. – The letter was also forwarded to the Deputy District Magistrate, Lucknow informing about the election and in which 41 members of General Body of the Society and other staff, totaling around 60 persons would be present, hence requested that permission may be granted for holding the election meeting – Deputy District Magistrate issued a letter dated 20.07.2020 to the Manager informing that due to prevailing pandemic of Covid - 19 situation, permission to hold the election could not be given, hence the application was rejected. – Order of the Deputy District Magistrate has been submitted before the D.I.O.S. vide letter through speed post and requested the D.I.O.S. to cancel the election as per schedule and to give at least 3 months time for holding fresh election. – D.I.O.S. without taking any decision on the application of the petitioner dated 22.07.2020 passed the impugned order dated 10.08.2020, feeling aggrieved by the same, the present writ petition has been preferred.

Finding of the court:

So far the objection raised by learned State Counsel that the petition has become infructuous since the period upto 28.08.2020 has also expired is concerned, it may be noted that in case the invalid order passed violating the principle of natural justice also, is not quashed and it is allowed to remain in operation, it may come in the way of the petitioner in considering and disposing off the application moved by the petitioner requesting the D.I.O.S. to extend the time for another period of 3 months for the purposes of holding the election. – The aforesaid application made to the D.I.O.S. is yet not disposed off and remains pending for its consideration. – It would be worthwhile to observe that any order or direction which is likely to have an adverse effect in future, and there is any apprehension of any kind of injury to be caused, relief cannot be denied on a plea raised on the ground that the petition has become infructuous by efflux of time. – Order which is passed against the law continues in operation having all its adverse consequences, which are likely to adversely affect the rights or interest of the petitioner, the plea of petition being infructuous would not be entertainable. – An order having potential of likely injury to be caused would ordinarily not be allowed to remain in operation. – Since it may deprive a person of his rights and to get justice as due under the law. In this background, it would be necessary to quash the illegal order instead of dismissing the writ petition as infructuous. – Order passed by the District Inspector of School being contrary to the provision of Section 5 of the Act 1971 and without providing any opportunity of hearing to the petitioner is arbitrary, illegal and is liable to be set aside.

Result: – Writ Petition Allowed