Employees cannot be denied salary or retiral benefits for prior approved service due to later administrative inquiries questioning appointment validity.

JUDGMENT :

Swarupama Chaturvedi, J.

1. Heard Sri Om Prakash Ojha, learned counsel for the petitioner and Sri Tej Bhan Pandey, learned Standing Counsel for the State respondents.

2. All three appeals being Special Appeal No. 530 of 2025, Special Appeal No. 608 of 2025 and Special Appeal (Defective) No. 656 of 2025, have been preferred against the common judgment and order dated 28.04.2025 passed by the learned Single Judge in Writ-A No. 49901 of 2016, Savitri Devi and 2 Others vs. State of U.P. and 3 Others, and the connected Writ-A No. 50483 of 2016, Girija Shankar Pandey vs. State of U.P. and 3 Others, whereby writ petitions filed by appellants here got dismissed.

3. Since common questions of law and fact arise in all appeals, all the appeals were heard together and are being decided by this common judgment. For the sake of clarity, the factual matrix of all connected matters has been considered conjointly, as the dispute emanates from rival groups within the management of the same institution and the facts are inextricably intertwined. While the common background has been narrated together, the cases of the individual teachers have been examined with reference to their respective dates of appointment, approvals, and service particulars. The present common judgment shall, therefore, govern all the connected matters, however, its application to each case shall operate independently and subject to the decision rendered on the individual merits of each matter.

4. The Junior High School in question was established in 1962-63 under the aegis of Shiksha Pracharani Sabha, Srinagar, Ballia, a society registered on 22.04.1963. The institution initially had temporary recognition up to 1976 and was granted permanent recognition in 1977. Singasan Sharma, Ram Kumar Ram and Girja Shankar Pandey, all three were appointed as Assistant Teachers in 1972, possessing the requisite qualifications. The appointment of Singasan Sharma was approved by the District Basic Education Officer on 20.12.1978, while the appointments of Ram Kumar Ram and Girja Shankar Pandey were approved on 18.04.1983. The institution was brought under the U.P. Junior High Schools (Payment of Salaries of Teachers and Other Employees) Act, 1978 in July 1984, and thereafter salary was paid from the State exchequer.

5. In the year 1982, disputes arose between rival Committees of Management, leading to various petitions being filed regarding the validity of the management and entitlement of teachers appointed by rival committees. The controversy culminated in Civil Misc. Writ Petition Nos. 44607 of 1993, 15032 of 1995 and 25438 of 1996, which were decided by this Court by a detailed judgment dated 26.11.1998, holding one set of appointments to be valid and issuing specific directions for payment of salary from the State exchequer. The judgment was affirmed by dismissal of Special Appeal No. 1082 of 1998 on 21.05.2003, and the Special Leave Petition (C) No. 902 of 2007 was also dismissed by the Hon’ble Supreme Court on 05.02.2007. Despite this, salary was again withheld, leading to contempt proceedings and further administrative inquiries. Meanwhile, the recognition of the institution was withdrawn in March 2014, which got challenged separately.

6. In the year 2014, Public Interest Litigation No. 25033 of 2014 was filed. This PIL was related to scholarship and mid-day meal distribution. Pursuant to the PIL, an inquiry was conducted by a six-member committee. The committee also examined appointment-r