Approval of appointments is deemed granted despite subsequent complaints if prior orders were not challenged or invalidated.

JUDGMENT :

Saurabh Shyam Shamshery, J.

1. The petitioners have set up a case that respondent, a minority institution, has issued an advertisement to fill up three substantive vacancies for the post of Assistant Teachers LT grade. The petitioners have applied for the said post and were duly appointed and in pursuance of their respective appointment letters, they joined service on 1st August 1998. Further case is that Committee of Management of concerned institution have submitted the documents to concerned DIOS for approval on 7th August 1998.

2. It is further case of the petitioners that when concerned DIOS has not passed any specific order in terms of the relevant provisions, their approval was deemed to be approved and when their salaries were not paid, they constrained to approach this Court by way of filing Writ Petition No. 9230/1999 seeking following reliefs :-

"(i) issue a writ of mandamus, order or direction in the nature of mandamus directing respondents to treat the petitioners' selection dated 19.07.1998 as deemed approved and pay salary to the petitioners with effect from 08.09.1998 (petitioner no. 1 and 3) and with effect from 14.09.1998 (petitioner no. 2) regularly month to month including arrears of salary;

(ii) issue a writ of mandamus, order or direction in the nature of mandamus directing the District Inspector of Schools to consider and approve the selection of the petitioners as Assistant Teachers L.T. Grade in Anglo Bangali Girls Inter College, Agra which selections have been submitted by the Management to the District Inspector of Schools, Agra vide letters dated 07.08.1998 and pay salary to the petitioners accordingly;

(iii) issue such other and further writ, order or direction as this Hon'ble Court may deem fitr and proper in the circumstances of the case.

(iv) award costs of the writ petition to the petitioners."

3. This Court in above referred writ petition passed an interim order on 12th March 1999 that :-

'Until further order of this Court the respondents directed to make payment of salary of this L.T. Grade teachers then to duly approved, assistant teachers L.T. Grade in Anglo Bengali Girls Inter College, Agra.'.

4. Sri Anil Bhushan, learned Senior Advocate assisted by Sri Abhishek Bhushan, Advocate for petitioners has submitted that during pendency of said case, firstly appointment of petitioners were approved by the DIOS by an order dated 18th May 1999 and thereafter they were declared parmanent by separate orders dated 19th May 2000, and, thereafter they were promoted also.

5. Learned Senior Advocate has further submitted that in above circumstances, since grievance of the petitioners were considered that approval was granted and they were also confirmed, without any legal impediment, therefore, they filed an application for withdrawal of their case and accordingly by an order dated 30th July 2003, above referred writ petition was dismissed as withdrawn. For reference, said order is mentioned below :-

"Counsel for the petitioner stated that the petition be dismissed as withdrawn.

The petition is dismissed as withdrawn.

Stay Order if any stands vacated."

6. Learned Senior Advocate has further submitted that thereafter, petitioners served peacefully and got regular salaries and were promoted also in terms of relevant provisions. However in the year 2023 i.e. after 2 decades, one Bhupendra Singh has filed a complaint in regard to appointment of one of the petitioners on which cognizance was taken, however it was rejected vide order dated 21st November 2023 that such complaint was baseless. It was also noted that earlier attempt of same complainant was remained unsuccessful.

7. Learned Senior Advocate has argued that despite complaint of such person was rejected, still again on basis of same complaint, an enquiry was set up at the level of Joint Director of Education by a communication dated 15th April 2023 addressed to DIOS concerned against all petitioners. During proceedings, notice were issued and petitioners s