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IN THE HIGH COURT OF ALLAHABAD
Alok Mathur, J.
Ayodhya Prasad and Others – Petitioners
Versus
State of U.P. Thru. Prin. Secy. Deptt. of Secondary Education and Others – Respondents
Writ -A No. - 2686 of 2023
Decided On : 06-04-2023
Advocate Appeared:
For the Petitioner: Pradeep Tiwari
The main legal point established is that under Section 16FF of the U.P. Intermediate Education Act, appointment of teachers in minority institutions can be deemed approved, entitling them to salary payment.
Headnote:
Salary Payment - Minority Institution Appointment - U.P. Intermediate Education Act, 1971, Section 16FF, Regulation 17(g)
Fact of the Case:
The petitioners sought direction for release of salary and arrears as appointed teachers in a minority institution. The appointment process was not approved by the authorities, leading to non-payment of salary.
Finding of the Court:
The court found that the appointment of the petitioners was deemed approved under Section 16FF of the U.P. Intermediate Education Act, entitling them to salary payment since the date of appointment.
Issues: The issues revolved around the approval process of the appointment and the entitlement to salary payment under the U.P. Intermediate Education Act.
Ratio Decidendi: The court relied on Section 16FF and Regulation 17(g) to establish the deemed approval of appointment and the entitlement to salary payment for the petitioners.
Final Decision: The writ petition was allowed, directing the payment of arrears and continuation of salary payments to the petitioners.
JUDGMENT :
1. Heard Sri Sudeep Seth, learned Senior counsel assisted by Sri Pradeep Tiwari, learned counsel for petitioners as well as learned Standing Counsel for respondent Nos. 1 to 4.
2. In light of the proposed order notices to respondent No. 5 is dispensed with.
3. The petitioners have approached this Court seeking a direction to the respondents to release/make payment of salary to the petitioners forthwith along with arrears since the date of joining and further a direction to respondents to continue payment of salary as and when the same falls due. It has been stated that 06 posts of Lecturer, 15 posts of Assistant Teacher, 10 posts of Assistant Teacher (C.T.), three posts of Clerks and 12 posts of Peon have been sanctioned in Rahat Janta Inter college, Nanpara, District Bahraich.
4. It is stated that the said institution has a minority status and is under the grant in aid list of the State Government. Certain vacancies arose in the said institution which was sought to be filled up and an advertisement dated 11.04.2017 was published in the Newspaper, the interview was fixed on 5.05.2017 and further that DIOS was invited to monitor the said selection process.
5. Despite intimation the DIOS did not participate nor did he nominate any person to take part in the section process and the selections were done and the petitioners found successful in the said selection process. The proposal and all the relevant documents was forwarded to the DIOS vide letter dated 23.05.2017 but no orders were passed with regard to grant of approval as contemplated under Section 16 FF (3).
6. It has been submitted by learned counsel for petitioners that once the papers have been forwarded in terms of mandate of Section 15 read with Regulations 17 Chapter II of Act and no approval is grant granted. There is provision for deemed approval as provided under Section 17(g) of Chapter II framed under 1921 Act.
7. In light of the aforesaid provisions, the appointment made by the Committee of Management would have been deemed to have been proved by virtue of provision provided under Section 17(g) of Chapter II framed under 1921 Act. It has further been submitted that once the appointment has been deemed to be approved then the natural consequences of the same will be the payment of salary to the petitioners by virtue of Uttar Pradesh High School and Intermediate College (Payment of Salary to Teacher and Other Employees) Act, 1971.
8. It has further been stated that District Inspector of Schools, Bahraich has gone through the entire material regarding process of appointment of the petitioners and forwarded the papers for necessary guidance to the Director of Education by letter dated 16.12.2022 but till date no orders have been passed either by the Director of Education or by the District Inspector of Schools, Bahraich.
9. It has further been vehemently submitted that once the appointment of the petitioners have been deemed to be approved under the statutory mechanism, the petitioners ought to have been paid the salary which has not been paid and accordingly the rights of the petitioners stands under Article 19 and 21 of the Constitution of India have been violated and hence, the prayer has been made in the present writ petition for a direction to the respondents to release the salary of the petitioners.
10. Learned Standing Counsel on the other hand on the basis of instructions has stated that prior to issuance of the advertisement a letter was issued to the Committee of Management to restrain them from going ahead with the said advertisement. Against the said restraining order a writ petition was preferred before this Court being Writ Petition No. 177303 of 2017 and further the Committee of Management had filed another Writ Petition No. 29472 of 2017 which was allowed on 19.02.2018 and the restraining order dated 05.05.2017 was quashed.
11. It has further been stated that subsequently the respondents themselves recall the order dated 05.05.2017 vide order dated 2
