HARENDRA SINGH CHAHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Petitioner had earlier approached this Court by filing Writ Petition No.39950 of 2007 in respect of his grievance relating to payment of salary, which was dismissed. A Special Appeal No.1345 of 2010 thereafter was filed, which was disposed of on 19.2.2013. Operative portion of the order passed in special appeal, dated 19.2.2013, is reproduced hereinafter:-

(2.) It is pursuant to this order that the claim of petitioner has been examined and rejected by the State Government vide order impugned dated 21.5.2013. The order impugned records that since institution concerned i.e. Chaharwati Inter College, Akola, Agra, has been upgraded to Intermediate level under Section 7-A(a) of the U.P. Intermediate Education Act, 1921, as such salary has to be paid only by the Management out of his own resources and the State Government has no obligation to pay the salary to petitioner. The order has been challenged primarily on the ground that upgradation under Section 7-A(a) of the Act of 1921 was made in 1991 and the petitioner has been continuing ever since then as a teacher in the institution. Submission is that the provisions under Section 7-A(a) of the Act of 1921 is temporary in nature and the State is expected to create regular post, inasmuch as the temporary upgradation cannot be allowed to continue indefinitely. Reliance is placed upon a judgment of this Court in Rana Vijendra Pratap Singh Vs. State of U.P. and others, reported in 2019 (2) ADJ 542. Attention of the Court has been invited to observations made in para 49 of the judgment, which is reproduced hereinafter:-

(3.) Learned Standing Counsel submits that the observation made in para 49 of the judgment in Rana Vijendra Pratap Singh (supra) would not create any right in favour of the petitioner to seek appointment, inasmuch as the observation contained in para 49 is to State Government to evaluate whether temporary arrangement made is liable to be continued indefinitely and to take an appropriate decision.