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IN THE HIGH COURT OF ALLAHABAD
J.J. Munir, J.
Hitesh Kumar And Another - Petitioner
Vs.
State Of Uttar Pradesh And Others - Respondent
Writ - A No. - 26011 of 2014
Decided On : 05-06-2024
Writ Petition - Salary Claim for Principal Position - Uttar Pradesh Secondary Education Services Selection Board Act, 1982; Civil Procedure Code, 1908 - The court discussed the provisions of the Uttar Pradesh Secondary Education Services Selection Board Act regarding the appointment and salary of educational staff, emphasizing the principle that a person cannot be denied rightful salary due to an interim order that was later set aside. The court highlighted the importance of fairness and restitution in cases where interim orders have led to unjust enrichment of one party at the expense of another.
Fact of the Case:
The petitioners, heirs of the late Vishan Singh, challenged the DIOS's order denying salary for the period he served as Principal of Raja Mahendra Pratap Inter College due to an interim order favoring another individual, Jaswant Giri, who was paid as the officiating Principal during that time.
Finding of the Court:
The court found that Vishan Singh was duly appointed and had served as Principal, and that the interim order which led to his ouster was ultimately set aside by the Supreme Court. The court ruled that he was entitled to his salary for the entire period he was not compensated due to the interim order.
Issues: Whether the petitioners are entitled to the salary of the late Vishan Singh for the period he served as Principal despite the interim order favoring Jaswant Giri.
Ratio Decidendi: The court held that the principle of 'actus curiae neminem gravabit' applies, meaning no one should suffer from the act of the court. The court emphasized that the late Vishan Singh's right to salary could not be denied due to an interim order that was later vacated, and that the financial implications could be resolved by recovering excess payments made to Giri.
Final Decision: The writ petition was allowed, the DIOS's order was quashed, and a mandamus was issued to pay the petitioners the salary due to the late Vishan Singh for the period from 24.01.2004 to 03.07.2008.
JUDGMENT :
J.J. Munir, J.
1. This writ petition is directed against an order of the District Inspector of Schools, Bulandshahar (for short, 'the DIOS') dated 24.02.2014, denying for the first petitioner's father and the second petitioner's husband salary of the position of Principal, Raja Mahendra Pratap Inter College, Jasnawali Khurd, District Bulandshahr for the period 16.03.2004 to 03.07.2008. The petitioners have also prayed that a mandamus be issued to the respondents, ordering them to calculate and release the total salary, which was payable to the late Vishan Singh from 24.01.2004 to 03.07.2008, and recover the excess salary paid to Jaswant Giri, respondent No.6 for the said period.
2. The late Vishan Singh was a retired Headmaster of the Raja Mahendra Pratap Inter College, Jasnawali Khurd, District Bulandshahr. The first petitioner, Hitesh Kumar is a son whereas the second petitioner, Smt. Omwati is his widow. The late Vishan Singh was working prior to his appointment with the Raja Mahendra Pratap Inter College, Jasnawali Khurd, District Bulandshahr (for short, 'the respondent College') as an Assistant Teacher in the Maha Kavi Surya Sanskrit Inter College, Khurrampur, Sant Vash, District Bulandshahr. He was selected by the Uttar Pradesh Secondary Education Services Selection Board (for short, 'the Selection Board') for the post of Headmaster in the respondent College. The respondent College did not have the post of a Principal as the said College did not have aid for the intermediate section. The post, that was borne on the State grant, therefore, was the post of a Headmaster. The late Vishan Singh joined as the Headmaster of the respondent College in January, 2004. His signatures were attested by the DIOS and salary to teachers and other employees of the respondent College for the month of January, 2004 was also disbursed under the signatures of the late Vishan Singh.
3. Jaswant Giri, who was the ad hoc Headmaster prior to the Vishan Singh's regular appointment as the Headmaster, filed Writ Petition No.4941 of 2004 before this Court. This Court passed an interim order dated 11.02.2004, staying operation of the appointment order made in favour of the late Vishan Singh as the Headmaster of the respondent College. It is said that the interim order was obtained by making a false statement by Jaswanti Giri. The interim order dated 11.02.2004 was challenged by the late Vishan Singh by preferring a special leave petition to the Supreme Court, being SLP (Civil) No.7125 of 2004. In the said special leave petition, the Supreme Court vide order dated 07.04.2004 passed an interim order, directing status quo in the meanwhile. After grant of the status quo in the special leave petition, the late Vishan Singh approached the DIOS, who orally directed that Jaswant Giri as well as the late Vishan Singh may work in the respondent College. It is pertinent to mention that during the period 24.01.2004 to 03.07.2008, no salary whatsoever was paid to the late Vishan Singh. He was neither placed with any other institution nor was he transferred elsewhere.
4. Subsequently, special leave petition preferred by the late Vishan Singh was granted and Civil Appeal No.3913 of 2008, arising out of SLP (Civil) No.7125 of 2004 allowed by the Supreme Court by their Lordships' judgment and order dated 16.05.2008. The said judgment disposed of a large number of appeals, but so far as the late Vishan Singh's appeal is concerned, that is to say, Civil Appeal No.3913 of 2008, it was decided along with a batch of seven other appeals, involving identical question of fact and law, where the following order was made:
(Arising out of SLP(C) No.2691 of 2004)
Civil Appeal Nos. 3928-3929 of 2008
(Arising out of SLP(C) Nos.1605-1606 of 2005)
Civil Appeal No. 3861 of 2008
(Arising out of SLP(C) No.23691 of 2003)
Civil Appeal Nos. 3903-3904 of 2008
(Arising out of SLP(C) Nos.4094-4095 of 2004)
Civil Appeal No. 3913 of 2008
(Arising out of SLP(C) No.7125
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.
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....
The court clarified the employment status of the petitioner and directed verification of salary arrears computation, emphasizing the need for proper documentation.
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 application of legal decisions and the subsequent recall of orders based on those decisions influenced the court's decision in justifying the stoppage of salary.
The main legal point established in the judgment is that the denial of payment for ad-hoc service without proper verification and in contravention of previous court orders is arbitrary and unsustaina....
The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.
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