RAVINDRA SINGH Vs. STATE OF UP

JUDGEMENT

(1.) The Appellant was Petitioner No. 1 in Writ Petition No. 39090 of 2007, which came to be disposed of alongwith other petitions by common order dated 4.12.2009. The Appellant was initially appointed as L.T. Grade Teacher against a short-term vacancy (temporary vacancy). The Appellant alongwith others filed Writ Petition No. 39090 of 2007 for quashing the order dated 27.7.2007 and for a writ, order or direction in the nature of mandamus commanding the Respondents not to stop their salary. This appeal will be restricted to the claim of the Appellant. The learned single Judge in the impugned order has noted the claim of the Appellant that he was appointed as an ad hoc L.T. Grade Teacher against a vacancy caused due to promotion of one Lallan Prasad Shukla, who was working in Mahatma Gandhi Inter College, Sakhwania, Kushinagar, from L.T. Grade Teacher to Lecturers Grade, which was approved on 24.2.1981. The learned Judge has further noted the case of the Appellant that his appointment was made after following the procedure prescribed under the Second Removal of Difficulties Order, 1981. The District Inspector of Schools refused to accord approval to the appointment of the Appellant. Against the said decision, a writ petition came to be filed, which was disposed of by requiring the District Inspector of Schools to examine the matter. The District Inspector of Schools passed an order approving the appointment of the Appellant. However, by a subsequent order dated 9.11.1999, the District Inspector of Schools withheld the salary of the Appellant. Another writ petition was filed by the Appellant wherein an interim order was granted on 9.11.2000. Thereafter, an order was passed by the District Magistrate for payment of salary on 15.2.2001. The Secretary, Secondary Education by order dated 19.2.2001 held that the District Magistrate had no power to issue any direction qua teachers of Intermediate Colleges. The matter was referred to the State Government. A report was submitted by the authorities and it was pointed out that the appointment of the Appellant was not in accordance with law. The State Government, however, issued an order sanctioning salary to the Appellant, and by order dated 17.2.2004 directed the absorption of the Appellant in other institution. Vide order dated 27.2.2007, the State Government recalled its order dated 17.2.2004. The stand of the State had been that the appointment of the Appellant alongwith others was not in accordance with law and, therefore, he was not entitled to salary.

(2.) A supplementary-affidavit was filed on behalf of the Appellant and others. As regards the Appellant, it was pointed out that the vacancy was advertised on 30.10.1980 in a local newspaper, namely, 'Hindustan Ka Swaroop' published from Deoria, and that the quality point marks had been awarded and the Appellant was selected. The learned single Judge proceeded on the footing that the advertisement of the vacancy did not satisfy the requirement of law as laid down by a Full Bench of this Court in the case of Kumari Radha Raizada and Ors. v. Committee of Management, Vidyawati Darbari Girls Inter College and Ors., 1994 AllLJ 1077 Hence, the present appeal.

(3.) At the hearing of the appeal, on behalf of the Appellant, learned Counsel submits that the learned Judge misdirected himself in law inasmuch as the judgment in Km. Radha Raizada (supra) relied upon had no application, as the appointment of the Appellant was made in the year 1980, whereas the amendment, which was considered in the case of Km. Radha Raizada (supra), namely, the Uttar Pradesh Secondary Education Services Commission and Selection Board Act, 1982 (hereinafter referred to as the 'Act 1982'), came into force with effect from 14th July, 1981. It is, therefore, submitted that the procedure laid down in Km. Radha Raizada (supra) for publication of vacancy in two newspapers was not there when the Appellant was appointed and the Appellant's appointment was in terms of the law then in force, namely, the Intermediate Education Act, 1921 (hereinafter referred to as the 'Act 1921'), as amended by the U. P. Secondary Education Laws (Amendment) Act, 1975 (hereinafter referred to as the 'Amendment Act 1975').