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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
DINESH KUMAR SINGH, J.
Smt. Sarita Singh – Petitioner
Versus
State of U.P. – Respondent
Writ Appeal No. 5186 of 2001
Decided On : 10-03-2022
Constitution of India, 1950 - Article 226 - U.P. Primary Education Act, 1971 - Societies Registration Act- Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 - Rules 4, 5, 7, 9, 10 and 11 - Indian Penal Code, 1860 - Section 409 - Criminal Procedure Code, 1973 - Section 173(8) - U.P. Basic Education Act, 1972 - Writ of Mandamus - State Government for primary teachers - Regular time-scale - State Fund - Arrears of salaries - Seeking direction to the respondents to pay arrears of their salary since the date, 'Kamla Nehru Balika Vidyalaya started receiving grants-in-aid from the State Government - Petitioners have claimed that when Institution was started in the year 1984, the total staff was consist of one Principal, five assistant teachers, one clerk and three peons. The Institution was granted permission to start one section for each class from Class-VI to VIII. It was stated that in due course, the Institution received wide popularity and there was considerable increase in number of students, seeking admission in the Institution and, therefore, three new sections were opened for Classes-VI to VIII.
Finding of the court :
Court finds it strange and intrigue that despite the fact that the interim order was not extended vide the order, which was passed on the application for recalling order whereby writ petition was dismissed for non-prosecution, the contempt proceedings continued and orders were passed for compliance of the non-existent interim order - It is also well settled that doctrine of restitution is also applicable to interim orders and a litigant would not be allowed to gain by swallowing the benefits yielding out of the interim order. If the petition is dismissed, injury, if any, caused by act of the Court is required to be undone and, the gain, which the party would have earned as a result of interim order of the Court would be restored to or conferred on other party, otherwise it would lead to unjust consequences - Since the petitioners had drawn the salary on the strength of the interim order although same was not extended after writ petition was dismissed for non-prosecution, petitioners are required to refund the salary drawn by them illegally and, therefore, the petitioners are directed to refund amount of salary with interest @ 6% per annum within a period of two months from today - BSA is directed to communicate the amount to be recovered from each of the petitioners for making payment by them in compliance of this order.
Result: Order accordingly.
JUDGMENT :
DINESH KUMAR SINGH, J.
1. This writ petition, under Article 226 of the Constitution of India, has been filed by the petitioners, seeking issuance of a writ of Mandamus commanding respondents to pay salaries to them on the basis of regular time-scale fixed by the State Government for primary teachers, as has been fixed for other teachers, out of the State Fund.
The petitioners have further prayed for issuance of a direction to the respondents to pay arrears of their salary since the date, Kamla Nehru Balika Vidyalaya, Bachhuapar, Raje Sultanpur, District Ambedkarnagar started receiving grants-in-aid from the State Government.
2. That Kamla Nehru Balika Vidyalaya, Bachhuapar, Raje Sultanpur, District Ambedkarnagar (herein after referred to as “the Institution”) was established for teaching students for Class-VI to VIII in the year 1984; the Institution is run and managed by a registered society, registered under the Societies Registration Act; the Institution was granted temporary recognition on 25.08.1986 and, thereafter permanent recognition was granted on 04.07.1987 by the Assistant Director (Basic) Faizabad (now Ayodhya).
3. The petitioners have claimed that when the Institution was started in the year 1984, the total staff was consist of one Principal, five assistant teachers, one clerk and three peons. The Institution was granted permission to start one section for each class from Class-VI to VIII. It was stated that in due course, the Institution received wide popularity and there was considerable increase in number of students, seeking admission in the Institution and, therefore, three new sections were opened for Classes-VI to VIII.
4. This writ petition was filed in the year 2001, however, after exchange of pleadings, an amendment application was filed, which was allowed by this Court vide order dated 16.03.2010. By way of amendment, some new facts and grounds got incorporated in the writ petition to the effect that the committee of management of the Institution had requested the District Basic Education Officer, Ambedkarnagar (hereinafter referred to as “the BSA”) to permit the Institution for opening new sections as strength of the students was increasing.
5. It is said that the BSA considered the request of the management of the Institution and, permitted the Institution to open new sections for each classes i.e. Class-VI, VII and VIII through Letter No. 3019/90-91 dated 15.12.1990.
6. By way of amendment, the petitioners claimed that their appointment was made for new sections, approved by the respondent no. 4 after following due process as prescribed under the U.P. Primary Education Act, 1971 and rules made thereunder. It was said that the appointments were approved by the BSA. By way of amendment, it had also been claimed that the petitioners have been working after their appointment got approved by the BSA, but they were not paid salary illegally and arbitrarily.
7. It is submitted that petitioner nos. 1, 2 and 3, namely, Smt. Sarita Singh, Smt. Suman Tripathi and Smt. Manju Singh were having M.A. B.Ed. degree to their credit and, they were selected and appointed by the management of the Institution. They were issued appointment letter dated 25.06.1991 and, were directed to join their posts with effect from 01.07.1991. The petitioner nos. 1 to 3 had joined the Institution on the date fixed i.e. 01.07.1991 and, since then they have been continuously working in the Institution to the entire satisfaction of the management and all concerned.
8. It was stated that the papers relating to appointment of petitioner nos. 1 to 3 were submitted by the management of the Institution to the BSA, but no response came. However, by way of amendment, as was incorporated on 16.03.2010, it has been said that the BSA granted approval to the appointments of petitioner nos. 1 to 3 through letter no. 5231/91-92 dated 05.02.1992. The said letter of approval allegedly issued by the BSA has been placed on record as Annexure 3-A to the am
It is well settled that one who comes to the Court, he must come with clean hands. In the present case, the petitioners have approached this Court with unclean hands and, have made every effort to dr....
A party cannot be denied rightful salary due to an interim order that was later set aside, and the principle of restitution applies to ensure fairness in the resolution of salary claims.
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
Employers have a statutory obligation to revise salaries and emoluments under Pay Commissions, and the defense of delay and laches cannot be raised to deny the benefits accruing therefrom.
The court emphasized the need for a detailed enquiry into the appointment of the petitioners and highlighted the importance of compliance with rules for salary release and eligibility determination.
Appointments made with proper oversight and approval cannot be deemed illegal solely due to procedural irregularities, especially when no disciplinary actions have been taken against the appointees.
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