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Surendra Nath Pathak v. State Of U.P.And Others - WRIT - C No. 12131 of 1984  RD-AH 3608 (15 February 2006)
CIVIL MISC. WRIT PETITION NO. 12131 OF 1984
Surendra Nath Pathak and others .... Petitioner
State of U.P. and another. ....Respondents
Hon'ble Bharati Sapru, J.
Under the interim order passed by this Court on 4.4.85, it was directed that the opposite parties would pay the salary of the petitioners during the pendency of the writ petition.
This Court passed an interim order in writ petition filed by the Society being Writ Petition No.2265 of 1977 in which the below noted order was passed on 21.5.83. :-
"Heard learned counsel for the applicant and the learned Standing Counsel. The applicant is permitted to make ad-hoc appointments on the vacancies in the College following the procedure prescribed by Section 16-FF of the U.P. Intermediate Education Act, 1921. In the appointment letter issued, it should be specifically mentioned that the appointment is purely ad-hoc and shall be subject to ultimate result of the writ petition. The teachers so appointed shall be paid by the District Inspector of Schools in accordance with law."
The petitioner, therefore, started working from that date. Thereafter, they moved the present writ petition No.12131 of 1984 in which an interim order was passed on 4.4.85 for payment of salary to the petitioners No.1,2 & 3.
As a result of these interim orders, the petitioners have put in more than 20 years of service except the petitioner No.2 who has left the institution.
Learned counsel for the petitioner has placed on record a letter issued by the District Inspector Of Schools dated 29.9.97 from which it is disclosed that the petitioner had been declared as a minority institution under Article 30 of the Constitution of India and, therefore, it is stated that the regularization of the petitioner does not require any approval from the District Inspector Of Schools.
In view of the facts and circumstances as stated above, I do think that it would be acceptable that the petitioner who has put in such lengthy service should now be considered for regularization and be granted due regularization by the authority concerned. They will be continued to be paid salaries until such orders of regularization passed by the authority concerned.
Learned Standing Counsel has, however, urged that no post is vacant to absorb these teachers. However, since the teachers have put in more than 20 years of service, there is requirement and need of these teachers and their regularization shall be considered. They will continue to receive salary and all other benefits.
With this direction this writ petition is finally disposed of.
Dated : 15.2.06
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