IMPORTANT POINT
The doctrine of relation back applies in service matters, allowing for retrospective salary payments to employees whose initial appointments are validated despite previous administrative interruptions.

JUDGMENT :

MANISH MATHUR, J.

1. Heard Mr. Girish Chandra Verma, learned counsel for petitioners and learned State Counsel appearing on behalf of opposite parties 1 to 5. No-one has put in appearance on behalf of opposite party no. 6, who even otherwise is a proforma party.

2. Petition has been filed seeking implementation of order dated 30.06.2021 issued by the State Government pertaining to payment of salary to petitioners. Further prayer for arrears of salary on the respective posts with effect from March 1998 up to June 2021 or till the date of superannuation has also been sought.

3. It has been submitted that earlier petitioners had been appointed as Assistant Teachers and on Class IV posts respectively in the institution concerned whereafter financial approval was granted and they were being paid salary in lieu thereof. It is submitted that the institution in question is a recognized and aided Junior High School. It has also been submitted that subsequently, vide order dated 09.10.1998 salary payment was stopped and vide order dated 15.07.1999, the earlier approval granted to petitioners was cancelled leading to filing of various writ petitions, leading petition being Writ (A) No. 37807 of 1999 (Smt. Rajmuni Devi and others v. Director of Education, Allahabad and others). Details of all the petitions have been indicated in the order dated 30.06.2021. The aforesaid petitions were thereafter disposed of by means of judgment and order dated 02.11.2016. The said judgment clearly indicates the submission that the institution in question was brought under grant-in-aid in year 1978 and Teachers and other employees were paid salary through State Funds with effect from 01.07.1984 whereafter a formal order of approval was also granted. Intermittently, certain disputes arose but payment of salary continued to employees of the institution whereafter order dated 15.07.1999 was passed. This Court vide its judgment and order dated 02.11.2016 thereafter remitted the matter for a decision to the Director of Education to pass appropriate orders for purposes of satisfaction of grievance of the employees and their entitlement as per the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment & Condition of Service of Teachers) Rules, 1978.

4. It is in pursuance of this direction that order dated 30.06.2021 has been passed by the State Government.

5. Learned counsel for petitioners submits that by means of aforesaid order, the State Government has found the petitioners of the present writ petition qualified and eligible for being granted salary through State Exchequer after noticing the fact that their appointments were valid. It is submitted that however only prospective application of aforesaid order has been made and salary payment to petitioners with effect from March 1998 has been withheld.

6. It is submitted that the direction issued by this Court and subsequent finding recorded by the State Government would be applicable from the date when such salary was withheld particularly in view of fact that the initial appointment of petitioners was found to be valid and as per the rules.

7. Learned counsel for petitioners has placed reliance on following judgments:

(i) decision of Hon'ble the Supreme Court in Man Singh v. State of Uttar Pradesh through Secretary and others, 2022 SCC Online SC 726

(ii) decision of Hon'ble the Supreme Court in Delhi Jal Board v. Mahinder Singh, (2000) 7 SCC 210

(iii) decision of Delhi High Court in Sweety Bhalla v. Industrial Financial Corporation of India Ltd. 2019 SCC Online Del 6409

8. Learned State Counsel on the basis of counter affidavit has refuted the submissions advanced by learned counsel for petitioner with the submission that since there is no direction of the State Government in order dated 30.06.2021 for its retrospective applicability and for payment of arrears, there is no question of grant of salary or arrears with effect from March 1998 and the order dated 30.06.2021 would in fact be appli