ROMANCH RAM YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner seeks reinstatement on his post of Assistant Teacher and also seeks salary from 1-1-1996 till the date of reinstatement along with interest.

(2.) It is the case of the petitioner that he was appointed by respondents No.2 & 3 on the post of Assistant Teacher in the pay scale of ? 1200 2040/- on 1-1-1996 which he joined on the same day i.e. 1-1-1996 and thereafter, his services were regularised by the District Education Officer, Jashpur on 4-9-1999, but he was not allowed to mark his attendance in the attendance register on 2/3-7-2001 and he was not allowed to teach in the school also and his salary is not being paid from 1st of July, 2001 to which he has represented to various authorities till 2006 and ultimately, this writ petition has been filed on 26-11-2007 seeking reinstatement along with back wages from 1-1- 1996.

(3.) Return has been filed particularly by respondents No.2 & 3 clearly stating that the petition suffers from delay and laches of six years and the petitioner was appointed as Assistant Teacher (Science / Mathematics) on an unsanctioned post on temporary basis and he was not appointed in accordance with law, neither advertisement was issued nor due procedure for recruitment was followed and without there being any vacant post, the petitioner was appointed; only three vacant posts of Teacher (Science / Mathematics) was sanctioned of which three Teachers were already working and no post of Teacher (Science / Mathematics) was available, therefore, the petitioner cannot continue in service in absence of vacant post. Particularly, the school where the petitioner was working is an unaided school and salary is not being disbursed by the District Education Officer. Therefore, the petition is liable to be dismissed.