RAJENDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOL FATEHPUR

JUDGEMENT

(1.) Adarsh Janta Inter College, Aung, Fatehpur (in brief institution) is an un-aided and recognised institution imparting education upto class-VIII. In 1994, the institution was upgraded to High School and again it was upgraded to Intermediate in 1996. The institution is an un-aided institution and it was never in the grant-in-aid list of the State Government. The petitioner was appointed as Assistant Teacher in the institution on 1.7.1992 and no appointment letter was issued to him. It is alleged that salary of the petitioner is not being paid by the respondents. In the year 1998 in the identity card issued to the petitioner, it is stated that the petitioner was appointed on 1.7.1998 as Hindi Lecturer. It has been stated in paragraph 12 of the writ petition that the petitioner has been disengaged by respondents with effect from March, 2000. This writ petition has been filed for a direction to respondent Nos. 2 and 3 to permit the petitioner to function as lecturer in the institution and pay his salary since March, 2000.

(2.) Sri S. K. Mishra the learned counsel for the petitioner has vehemently urged that the petitioner was appointed in the institution and even though the institution is unaided, the management could not even disengage the petitioner from service and he is entitled to salary. He has placed reliance on the decisions of this Court in Dharmendra Pal Dwivedi v. District Inspector of Schools and another, 2000 (2) LBESR 790 and Smt. Shashi Kala Singh v. District Inspector of Schools, Maharajganj and others, (2000) 1 UPLBEC 2327. He further urged that respondent Nos. 2 and 3 be directed to permit the petitioner to function as Lecturer in the school and pay him salary since March, 2000.

(3.) On the other hand, Sri K. K. Chand the learned standing counsel has urged that decision of this Court in C.M.W.P. No. 51940 of 2000, Smt. Suman Lata Sharma v. Regional Joint Director of Education, Meerut and others decided on 4.12.2000, it has been held that a part time teacher appointed under Section 7AA of the U. P. Intermediate Education Act, 1921 (in brief Act) is not a teacher envisaged under Section 16G of the Act. The service conditions of such teachers are to be governed by the Government order dated 15.10.1986. The Government order dated 15.10.1986 provided that the scheme of engaging part-time teachers is being made on experimental basis for imparting education in the interest of the students and the payment was to be made from the own funds of the management. The Government order further provided that there was no age limit for appointing any person as part-time teacher and even a retired person could be appointed as part time teacher.