Back
IN THE HIGH COURT OF ALLAHABAD
IRSHAD ALI, J.
Ashok Singh and Others - Petitioners
Versus
District Inspector of School - Respondent
Writ - A No. 8466 of 1989
Decided On : 24-08-2023
U.P. Intermediate Education Act, 1921 - Section 33-A(1-c) - Service Law - Post of Assistant Teacher - Pay salary - Held, Regional Level Committee has considered matter of appointment of petitioner No.1 and regularized his service under Section 33-A(1-C) of Act of 1982 and in pursuance thereof, Joint Director of Education issued an order, but matter of regularization of service of petitioner No.2 is pending consideration before Regional Level Committee and no decision has been taken till date - In present case, no such fraud or misrepresentation has been proved against petitioners, order stopping salary of petitioners appears to be arbitrary and without jurisdiction and is liable to be quashed - Writ petition succeeds and is allowed.
JUDGMENT :
1. Heard Sri G.C. Verma, learned counsel for the petitioners and learned Standing Counsel for the respondent No.1 and Sri Diwakar Singh Kaushik, learned counsel for respondent No.2.
2. The present writ petition has been preferred before this Court seeking a writ, order or direction in the nature of certiorari quashing the impugned orders dated 22.07.1988 (Annexure-9) as well as order dated 19.09.1989 (Annexure-11) with a further prayer to issue a writ, order or direction in the nature of mandamus commanding the respondents to pay salary to the petitioners since the date of their joining. A further prayer has been made to treat the petitioners to be substantively appointed on the post of Assistant Teacher (L.T. Grade) with all consequential benefits.
3. Brief facts giving rise to the present writ petition are as under :
b. One Sri Ram Dutt Singh, Lecturer in the College on attaining the age of superannuation retired from service on 30.06.1987 resulting a post of Lecturer fallen vacant in the College.
c. Another Teacher (L.T. Grade), namely, Sri Shanker Tripathi also retired from service on attaining the age of superannuation on 30.06.1986 resulting a post of Assistant Teacher (L.T. Grade) fallen vacant in the College.
d. Upon retirement of Sri Ram Dutt Singh, an Assistant Teacher (L.T. Grade), namely, Sri Arjun Prasad Pandey being eligible was promoted in Lecturer grade and as such, another post in Assistant Teacher (L.T. Grade) fallen vacant in the College.
e. Accordingly, two vacancies occurred in L.T. Grade in the College and ad hoc appointments were to be made to fill up the vacancies.
f. The Manager of the College wrote letter dated 24.07.1987 to the District Inspector of Schools (DIOS) apprising him the affairs with a request to fill up the vacancies or to issue directions for filling up the said posts.
g. The DIOS neither appointed any reserve pool teacher nor took any steps for filling up those two vacancies in L.T. Grade and as such, looking to the interest of the students, the Committee of Management proceeded to make ad hoc appointments to fill up those vacancies.
h. The Committee of Management notified two posts for filling up two vacancies of Assistant Teachers (L.T. Grade) vide notification dated 20.05.1988 and after considering the merit of the applicants, the Committee of Management found petitioner No.1, namely, Ashok Singh at first place and since one post was to be filled up by the candidate of Scheduled Caste Category, petitioner No.2, namely, Subhash Chand, who was sole candidate belonging to Scheduled Caste Category, was selected for the said post. A resolution in this regard was passed on 12.06.1988.
i. Vide order dated 04.07.1988, the DIOS accorded approval to the ad hoc appointment of the petitioners.
j. After grant of approval from the DIOS, the Committee of Management issued appointment letters to the petitioners on 07.08.1988 and in pursuance thereof, the petitioners joined their duties as Assistant Teachers (L.T. Grade) in the College on 08.07.1988 and submitted their joining. Since then, they are regularly functioning as Assistant Teachers (L.T. Grade).
k. Vide letter dated 22.07.1988, the DIOS issued direction to the Accounts Officer and Manager of Committee of Management that since some complaints were received against the petitioners, therefore, payment of salary could not be made to them and the same requires investigation.
l. Since passing of aforesaid impugned order, one year and two months have lapsed but no inquiry has been made in the matter.
m. For redressal of their grievances in regard to payment of salary, the petitioners made a representation on 23.09.1989, which is lying pending consideration and no
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.
The principle of res judicata bars the respondents from raising any objection with regard to the legality of the appointments of the petitioners.
The judgment establishes that allegations of fraud and forgery must be supported by evidence, and impugned orders lacking such evidence are bad for want of authority of law.
Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized u....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
