High Court of Judicature at Allahabad
Case Law Search
Ramji Singh Yadav v. State Of U.P. Thru. Secy. Secondary Education & Others - WRIT - A No. 78954 of 2005  RD-AH 18891 (8 November 2006)
Court No. 3
Civil Misc. Writ Petition No. 78954 of 2005
Ram Ji Singh Yadav............................................ Petitioner
State of Uttar Pradesh & others................................... Respondents
Hon'ble Ashok Bhushan,J.
Heard counsel for the petitioner and the learned standing counsel. Counter and rejoinder affidavits have been exchanged and with the consent of parties this writ petition is being finally disposed of.
By this writ petition the petitioner has prayed for quashing the order dated 29.11.2005 passed by the Director of Education and a writ of mandamus directing the respondents not to interfere with the working of the petitioner as Assistant Teacher in L.T. grade in Rashtriya Inter College Karambar, Ballia and to pay his regular salary and also arrears of salary from September, 1995 to September, 1997 and February, 2003 till date.
Brief facts necessary for finally deciding the writ petition are ;
One Daya Shanker Chaubey working as Assistant Teacher L.T. grade was given ad hoc promotion on the post of Lecturer in Geography causing a short term vacancy. The said ad hoc promotion of Sri Daya Shanker Chaubey was approved by the District Inspector of Schools on 28.8.1992. The petitioner was selected for ad hoc appointment in short term vacancy on the post of Assistant Teacher L.T. grade caused due to ad hoc promotion of Daya Shanker Chaubey. The selection and ad hoc appointment of the petitioner was approved by the District Inspector of Schools on 29.7.1993 in pursuance of which the petitioner joined the institution on 29.7.1993 and has been functioning thereafter. The petitioner's case is that he was paid salary upto August, 1995 and thereafter his salary was stopped on certain quarries made by the District Inspector of Schools and the Director of Education. The District Inspector of Schools subsequently passed an order on 6.10.1997 for releasing the salary of the petitioner but the salary of the petitioner from September, 1995 to September,1997 has not been paid. Again from February, 2003 the salary of the petitioner was stopped, the State Government issued communication dated 18.12.2002 making certain quarries. The petitioner's case is that the District Inspector of Schools even thereafter took a decision for releasing the salary of the petitioner. In the intervening period a writ petition being writ petition No. 25885 of 2003 ( U.P. Madhyamik Shikshak Sangh and others Vs. State of U.P. and others ) was filed which was disposed of by this Court on 25.2.2004. The Director of Education passed an order on 22.3.2005 declining the salary of the petitioner. A Contempt Petition No. 1724 of 2004 was filed before this Court with regard to non-compliance of the of the judgment dated 25.2.2004. A representation was submitted by the petitioner to the Director of Education which representation was ultimately rejected by the impugned order dated 29.11.2005. The Director of Education in the impugned order has observed that original papers are not available regarding appointment of the petitioner another reasons given is that the ad hoc appointment of the petitioner was made on 23.7.1993 when amendment in Section 18 has already been made with effect from 14.7.1992 in accordance which the Committee of Management had no jurisdiction to make ad hoc appointment. In the counter affidavit filed by the State Government the same reason has been reiterated.
Learned counsel for the petitioner challenging the impugned order contended that the petitioner's ad hoc appointment was approved by the District Inspector of Schools and he was also paid salary. The observation in the impugned order regarding non availability of original papers of ad hoc appointment of the petitioner is fallacious which cannot affect the right of the petitioner. The submission of the petitioner is that the Committee of Management had jurisdiction to make ad hoc appointment of the petitioner and has relied on the decision of the Full Bench in the case of Radha Raizada and others Versus Committee of Management, Vidyawati Darbari Girls Inter College and others reported in (1994) 3 UPLBEC 1551. It is further contended by the counsel for the petitioner that the petitioner is also entitled for consideration of his case under Section 33-F of the Uttar Pradesh Secondary Education Services Commission Selection Board Act, 1982. He submitted that the approval order was issued on 29.7.1993 and the petitioner was appointed in July, 1993 which is prior to cut of date and there being ad hoc appointment on short term vacancy prior to 6.8.1993, the respondent may be directed to consider the claim of the petitioner for regularisation.
Learned standing counsel refuting the submissions of counsel for the petitioner supported the order of the Director of Education.
I have considered the submission of counsel for the parties and perused the record.
From the facts mentioned in the counter affidavit there is no dispute that the ad hoc appointment was made on the vacancy caused due ad hoc promotion of Daya Shanker Chaubey. Daya Shanker Chaubey was given ad hoc promotion which was approved by the District Inspector of Schools on 28.8.1992 and subsequent to the said promotion the ad hoc appointment of the petitioner was made in short term vacancy which was approved by the District Inspector of Schools on 29.7.1993. The petitioner has also been paid salary subsequently thereafter till September, 1995. The main reason given in the order of Director of Education is that the Committee of Management had no jurisdiction to make ad hoc appointment after 14.7.1992. The reason given by the Director of Education is erroneous and contrary to the judgment of the Full Bench of this Court in the case of Radha Raizada and others Versus Committee of Management, Vidyawati Darbari Girls Inter College and others reported in (1994) 3 UPLBEC 1551 (supra) . It is true that subsequent to 14.7.1992 no ad hoc appointment can be made by the Committee of Management on substantive vacancy but the ad hoc appointment can be made on short term vacancy which is governed by the provisions of Uttar Pradesh Secondary Education Services Commission ( Removal of Difficulties ) (Second ) Order, 1981 which was fully applicable at the relevant time. The observation of the Director of Education that the original papers are not available cannot defeat the entitlement of the petitioner. There is no denial that the ad hoc appointment of the petitioner was approved by the District Inspector of Schools on 29.7.1993. The ad hoc appointment having been approved by the District Inspector of Schools and the petitioner having been paid salary thereafter, it is not open to the respondent to say that the original papers of selection are not available. The petitioner has specifically stated in paragraph 34 of the writ petition that Daya Shanker Chaubey has been granted regular promotion by the U.P. Secondary Education Service Commission vide order dated 19.2.1998. Consequently, the vacancy has become substantive vacancy and according to the provisions of Section 33-F of the U.P. Act 5 of 1981 the petitioner is also entitled to be considered by the competent authority for regular appointment under Section 33-F.
In view of foregoing discussions the impugned order darted 29.11.2005 passed by the Director of Education is set aside. It is held that the petitioner is entitled to work as Assistant Teacher L.T. Grade . The Regional Committee which is authorised to consider the claim of the petitioner shall consider and take appropriate decision with regard to petitioner under Section 33-F of the U.P. Act 5 of 1982. The Director of Education shall ensure payment of arrears of salary to which the petitioner is entitled in accordance with law, within a period of four months from the date of production of a certified copy of this order.
With the above observations the writ petition is disposed of.
Double Click on any word for its dictionary meaning or to get reference material on it.