RAKESH CHANDRA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) Janta Uchchatar Madhyamik Vidyalaya. Arkauli, Moradabad (In brief institution) was recognised on 26.4.1968 as Higher Secondary School. It was taken in grant-in-aid list under The Uttar Pradesh Junior High Schools (Payment of Salaries to Teachers and Other Employees) Act. 1978 (in brief Act 1978) with effect from 1.5.1979. The institution was upgraded and granted unaided recognition as High School on 24.9.1993. Permission to open class-lX was granted on 4.12.1993. After upgradation of the institution as High School, a writ petition was filed before this Court being Civil Misc. Writ Petition No. 947 of 1995 and under the interim order of this Court dated 11.1.1995, salary of teachers and staff of the institution is being paid from the grant-in-aid received by the institution under Act 1978, till the institution is brought in the grant-in-aid list of High School.

(2.) After upgradation of the institution as High School, one clerk working in the institution was dismissed from service. The post of clerk fell vacant. The management Issued an advertisement on 2.4.1999 in newspaper 'Nav Amar Bharat' inviting applications for appointment on the post of clerk. The petitioner applied and he was selected by the selection committee on 24.4.1999. Appointment letter was issued to him on 22.4.1999. He joined on 23.4.1999. The management sent the papers of appointment of the petitioner for granting financial approval to District Basic Education Officer (in brief BSA) who granted approval on 20.4.1999 with a condition that if any fact was found incorrect, then the approval shall be treated to be void. The management sent salary bill of the petitioner for the month of April, 1999. The Accounts Officer working in the office of BSA raised objection on the salary bill and sent a letter to Director of Education, U. P., Allahabad, along with the documents making a query as to whether payment of salary could be made or not. Correspondence took place between the office of the Director and the Accounts Officer but salary was not paid. The petitioner filed Civil Misc. Writ Petition No. 30438 of 2000 praying that his salary be paid by the respondents. This Court, on 26.7.2000, issued an interim mandamus to the Accounts Officer to pass salary bill of the petitioner or show cause by filing counter-affidavit within six weeks. In paragraph 18 of the counter-affidavit filed by the Accounts Officer, it has been stated that after upgradation of the institution as High School, provisions of the U. P. Intermediate Education Act, 1921, is applicable to the institution. It was further stated that by order dated 2.9.2000, approval granted to the appointment of the petitioner on 20.4.1999 has been cancelled by BSA, as it was void. This order dated 2.9.2000 passed by BSA has been challenged by the petitioner by means of Civil Misc. Writ Petition No. 48316 of 2000.

(3.) I have heard Sri Birendra Pratap Singh, learned counsel for the petitioner and Sri P. D. Tripathi, learned counsel appearing for respondent Nos. 3 and 4 and standing counsel appearing on behalf of respondent Nos. 1 and 2. Since both the writ petitions raise a common dispute, therefore, they are being taken up together for final disposal with the consent of the learned counsel for the parties.