SHAMBHU SARAN SHUKLA Vs. STATE OF UP

JUDGEMENT

(1.) This petition is a classic example of how with the jugglery of proceedings before the High Court, persons nearly thrice the tota number of posts created for the institution under Section 9 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 have been successful in getting salary from State exchequer and the enquiry report of the Secretary of the Education Departmen recording the said fact has been rendered a waste paper.

(2.) In Writ Petition No. 25407 of 2007, it was brought on record before the Court that against 15 sanctioned post of teachers and employees in Field Marshal General Manik Shah Intermediate College, Nautan Harhiya Garh, District Deoria, 79 teachers in all 104 employees were being paid salary from the State exchequer. The averment was shocking and, therefore, the writ Court passed a reasoned order on 25.5.2007 requiring the Secretary, Secondary Education to conduct an enquiry and to ensure that unauthorized payment made to the persons, not validly appointed against non sanctioned post is recovered and action is taken for the purposes against all responsible including the employees of the Government. An F.I.R. was also directed to be lodged if persons were found involved in criminal offence.

(3.) This Court further restrained payment of salary to the teachers and staff of the institution, till the next date of listing. The order dated 25.5.2007 reads as follows: