Point of Law: Prohibition on creation of post by institution - Appointments of respondent-petitioners were void ab initio - Since these appointments were made without sanction of any post, these appointments had been made by adopting wholly illegal process - Committees of Management had no authority to make appointments of the respondent-petitioners.

1. The cases are taken up through Video Conferencing.

2. Since the common questions of law and facts are involved in these three special appeals, they are being heard and decided by a common judgment.

3. Learned Single Judge has allowed the writ petitions filed by the respondents-petitioners and has directed for payment of salary as well as creation of posts, on which they were appointed, de hors the statutory Rules.

4. Facts:-

The facts of each of three cases are stated herein-under:-(I). Special Appeal No.423 of 2005

i). Shanti Ashram Intermediate College, Saya, District Ambedkar Nagar, Faizabad (Now Ayodhya) (hereinafter referred to as 'the Institution') is a recognized Government aided Institution. It is governed under the provisions of the U. P. Intermediate Education Act, 1921, the Uttar Pradesh Secondary Education (Services Selection Board) Act, 1982 and Rules and the Regulations framed thereunder. Payment of salaries etc. of employees and Teachers of the Institution are governed under the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.

ii). It was the case of the respondent-petitioner in the writ petition that Committee of Management of the Institution advertised one post of Laboratory Assistant and he applied for the said post in pursuance of the advertisement. He had further stated that he was selected vide resolution dated 22.8.1993, and the Committee of Management of the Institution directed the Principal of the Institution to appoint him on the post of Laboratory Assistant. Respondent-petitioner was issued appointment letter dated 16.9.1993 by the Principal. It was further said that when the appointment of the respondent-petitioner was made, post of Laboratory Assistant was not sanctioned and the Principal of the Institution submitted necessary papers for sanction of the post of Laboratory Assistant in the office of the District Inspector of Schools. Respondent-petitioner had been performing the duties to the utmost satisfaction of the authorities. The post of Laboratory Assistant is a must for imparting education to the students in science group and, the authorities were under obligation to create the said post. It was submitted that the respondent-petitioner was entitled for payment of salary.

iii). The respondent-petitioner stated that since the Committee of Management approved his appointment on 22nd August, 1999, he had been continuously working as Laboratory Assistant, but no salary was being paid to him. The respondent-petitioner thereafter filed a writ petition before this Court, praying for the following reliefs:-

(i) to issue a writ, order or direction in the nature of mandamus commanding the respondents to pay salary to the petitioner for the post of Laboratory Assistant with effect from 16.9.1993, the date of his joining the said post;

(ii) to issue a writ, order or direction in the nature of mandamus commanding the respondents to provide all the consequential benefits arising out of the appointment and functioning as Laboratory Assistant as admissible for the post of Class IV employee;

(iii) to issue a writ, order of direction in the nature of mandamus commanding the respondents to alternatively adjust the petitioner against the vacancy likely to occur on 1-2-2002 in the event of there being any technical hurdle in granting requisite approval to his present appointment on the post of Laboratory Assistant;

(iv) to issue such other writ, order or direction as the Hon'ble Court ........ circumstances of the case; and

(v) to allow this writ.......... to the petitioner."

iv). The learned Single Judge vide impugned judgment and order dated 13th October, 2004 held that denial of payment of salary to the respondent-petitioner and not creating the post of Laboratory Assistant were not sustainable in the eyes of law. A Mandamus was issued, commanding the authorities to create necessary post of Laboratory Assistant within 90 days fr