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LAL MANI MISRA & ANOTHER versus D.I.O.S. ALLAHABAD AND ORS.

High Court of Judicature at Allahabad

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Lal Mani Misra & another v. D.I.O.S. Allahabad And Ors. - WRIT - A No. 17409 of 1992 [2004] RD-AH 148 (19 March 2004)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No.23

Civil Misc. Writ Petition No.17409 of 1992

Lal Mani Misra and another Vs. District Inspector of Schools,

Allahabad and others.

***

Hon'ble V.C. Misra, J.

Heard Shri Ashok Khare, Senior Advocate assisted by Sri Sanjeev Kumar Gupta, Learned counsel for the petitioners and Sri B.K. Yadav, learned standing counsel for the respondents.

The case of the petitioners, in short, is that, vide appointment letter dated 30.6.1991 the petitioners were appointed as ad hoc Assistant Teachers in L.T. grade in the institution run by respondent No.3, in consequence of the same they joined their services on 1.7.1991 and continued to work as such for quite some time. But since no salary was paid to them in spite of several representations made to the concerned authorities, they filed this writ petition with a prayer to issue a writ of mandamus directing the respondents to pay the arrears of salary to the petitioners with effect from 1.7.1991 and to continue to pay the same regularly month to month.

A counter affidavit was filed on behalf of respondents     Nos.1 & 2. After hearing the counsel for the parties, an interim order dated 17.3.1994 was passed to the effect that the petitioners shall work as a teacher in L.T. grade till a regularly selected candidate joined the post and he shall also be paid his salary for the period he has worked. After passing of the interim order, a counter affidavit was filed on behalf of the Committee of Management-respondent No.3.

Counsel for the petitioners has stated that till date no regularly selected candidate has joined the post on which the petitioners were appointed and are working. Vide order dated 24.2.1995, the District Inspector of Schools, Allahabad-respondent No.1 has allowed the payment of salary to the petitioners with effect from 1.1.1995 in compliance of the interim order dated 17.3.1994 passed by this Court in this petition. Since then the petitioners are continuing to work. It has also been submitted that the petitioners are now entitled for regularization of their services in accordance with the provisions of Section 33 (C) (a) (i) of U.P. Secondary Education Services Selection Board, 1982 which provides that ad hoc teachers appointed between the period 14.5.1991 and not later than 6.8.1983 shall be considered for regularization of their services on the post they are working after they have been found suitable for appointment and selected by the Selection Committee duly constituted under the provisions of Sub Section (2) of Section 33 (C) of the said Act. It has further been submitted that the petitioners are also entitled for the payment of the arrears of salary, which has accrued to them from 1.7.1991 till 31.12.1994 for the period they have worked.

Learned standing counsel has no objection if the case is disposed off with the direction that the case of the regularization of the petitioners may be considered by the Selection Committee referred to in sub Section 33 (C) of the Act, in accordance with law.

In view of the facts stated hereinabove, this writ petition is disposed off with the direction that the respondent No.1 shall place the relevant documents and papers before the Regional Selection Committee referred to in sub clause (2) of Section 33 (C) of the Act, within a period of one month from the date a certified copy of this order is submitted before the respondent No.1 along with a representation by the petitioners. It is made clear that the petitioners shall continue to work and get their salary till the said Regional Selection Committee takes a final decision in the matter of the petitioners. The respondents shall also make the payment of arrears of salary to the petitioners with effect from 1.7.1991 till 31.12.1994 if they have worked for this period as directed by this Court vide interim order dated 17.3.1994.

With these observations, the writ petition is disposed of with no order as to costs.

March 19, 2004

Hasnain


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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