Deemed approval for teacher appointments under Rule 10(5) of U.P. recruitment rules entitles the petitioner to salary from the date of its occurrence, especially after the institution is recognized under grant-in-aid.

JUDGMENT :

IRSHAD ALI, J.

1. Seen office report dated 21.01.2019. As per report dated 3.10.2007 notice issued to opposite party no.6 through speed post vide dispatch no.8179 dated 4.10.2007. As per dispatch register available in dispatch section, neither any undelivered/ unserved envelop has been found to be returned back as per records available in Section nor any power has been filed as per records shown in database of computer. In view of the aforesaid, notice upon opposite party no.6 is deemed sufficient.

2. Heard Shri G.C. Verma, learned Senior Advocate assisted by Shri Abhishek Kumar Pandey, learned counsel for the petitioner and Shri Rajeev Srivastava, learned Additional Chief Standing Counsel for the respondent nos.1 to 5.

3. The present writ petition has been filed for the payment of salary with effect from 1.7.1999 of the post of Assistant Teacher in the institution being appointed against sanctioned post.

4. The petitioner by following due procedure of law was granted appointment on 25.6.1999. The petitioner joined services in pursuance to the appointment letter on 1.7.1999. Papers for the grant of approval were sent to the District Basic Education Officer on 7.4.20025 and on the papers submitted, no approval was granted and the matter was kept pending. Shri Pal Raj retired from the post of Headmaster of the institution and the petitioner being senior most teacher of the institution was given charge of the post of Headmaster of the institution on 1.7.2015.

On 7.9.2015, signature of the petitioner was verified which is apparent on perusal of the rejoinder affidavit. Petitioner also verified signature of all the teachers and employees of the institution for disbursement of salary and in pursuance thereof, the salary was disbursed to the teachers and other employees of the institution. Government Order was issued on 2.12.2006 taking institutions of the petitioner in grant-in-aid list and a list of the institutions taking on grant-in-aid was published on 2.12.2006 and the name of the institution of the petitioner finds place at serial no.146.

Despite taking institution in grant-in-aid, the salary of the petitioner has not been paid from the State Exchequer with effect from 1.12.2006.

5. Submission of Shri G.C. Verma learned Senior Advocate is that the institution while taking on grant-in-aid list is considered at three stages viz.: (i) by District Level Committee (ii) Regional Level Committee as well as (iii) State Level Committee and on verifying the genuineness of the fact in regard to appointment of teacher in the institution, a list of institutions is being taken on grant-in-aid list. Therefore, submission of learned Senior Advocate is that once the institution of the petitioner has been taken on grant-in-aid list after verifying the genuineness of the teachers appointed in the institution and in the list of grant-in-aid, the name of the petitioner's institution is at serial no.146, there is no occasions not to pay salary from the State Exchequer.

6. Next submission of learned Senior Advocate is that provisions contained under U.P. Recognized Junior Highschools Recruitment on Conditions of Service Rules 1978 Rule 10 Clause (5) provides that from the date of submission of papers, in case no approval is granted within one month, it is deemed that approval has been granted.

7. Next submission of learned Senior Advocate is that the case of the petitioner came under the provisions of deemed approval. Once it is found that approval has been granted on subsequent date, the entitlement of the petitioner for disbursem