THE COMMITTEE OF MANAGEMENT OF JANTA INTER COLLEGE FATEHAHAD, DIST. AGRA AND ANOTHER Vs. THE DISTRICT INSPECTOR OF SCHOOLS, AGRA AND ANOTHER

JUDGEMENT

(1.) The Committee of Management and the Principal of the Janta Inter College, Fatehabad district Agra have filed the present petition under Art. 226 of the Constitution. In substance, the petitioners have challenged the order passed by the District Inspector of Schools, Agra directing single operation of the account in exercise of the power under the U.P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees) Act,'1971. The petitioners case, as set out in this petition, briefly is that Sri Virendra Kumar Tiwari, respondent No. 2 of the petition was a Laboratory Assistant (Peon), a Class IV employee of the college and he stopped coming to the College with effect from 15th July, 1976 and had gone to Delhi where he had taken up another job. Subsequently, Sri Tiwari, In all probability, due to some uncertainty of his continuation in employment at Delhi, started sending applications to the College praying for grant of casual leave, the last such application being for the period ending Sept. 30, 1976, The Principal of the College informed Sri Tiwari that the leave was sanctioned but it would be leave without pay and he was further informed that in case he fails to report himself and join his duties in the College, it would be taken that he has no desire to serve the College any longer. Sri Tiwari not having reported for duty, the Principal of the College terminated his service by an order dated Nov. 27, 1976 and a copy of this was also forwarded to the District Inspector of Schools. Thereupon in the vacancy caused due to termination of the services of Sri Tiwari, one Sri Shyam Murari Gupta was appointed as a Laboratory Assistant and that this appointment was duly approved by the District Inspector of Schools. It is further asserted by the petitioners that Sri Tiwari thereupon pressed for payment of his arrears of salary etc. and his entire dues were paid by a cheque dated 10th Jan., 1977,

(2.) Upon a representation then made by respondent No. 2 of the District Inspector of Schools, it appears that the District Inspector of Schools discussed the matter with the Principal of the College and ultimately by a letter dated Sept. 17, 1977, he directed the Principal to permit Sri Tiwari to join his duties. In this letter, the District Inspector of Schools stated that the proceedings for determining Sri Ttwari's services were unconstitutional and contrary to rules. The Principal of the College re-asserted that Sri Tiwari h id abandoned his service and was not interested to join the college and it was in these circumstances that in his place Sri Shyam Murari Gupta had been appointed. The District inspector of School thereupon by letter dated Oct. 11, 1977 informed the respondent No. 2 of the stand taken by the College and he was further informed by this letter that in accordance with Regulation 31 as applicable to Class IV employees, framed under Sec. 19-G of the Intermediate Education Act, he as entitled to file an appeal to the Manager against the decision of the Principal and in case he was aggrieved against the decision of the Manager, he could appeal against his decision to the District Inspector of Schools Thereupon the respondent No. 2 who was a member of U.P. Non-teaching Employees Parishad, got his matter represented through the Parishad. A notice was sent by the Parishad to the Manager of the College a also to the District inspector of Schools that in case respondent No. 2 was not permitted to join his duties then hunger strike would be resorted to in front of the office of the District Inspector of School, it is" alleged that a though the Principal and Manager of the College went to meet the District Inspector of Schools on their being so asked to do so but he .was reported to be not available and apparently, was subjected to some Gherao. A press statement dated Nov. 4, 1977 was also Issued by the Principal of the College to the effect that Sri Tiwari was on illegal hunger strike without any reason. In this statement, It was stated that Sri Tiwari had been repeatedly asked by the Principal to come and join and it was only when he failed to do so that Sri Shyam Murari Gupta had been. appointed in his place.

(3.) Ultimately the District Inspector of Schools by his letter dated Nov. 7, 1977 wrote to the Principal of the College that by his earlier letter dated Sept. 17, 1977, he had already held that the College in not permitting the respondent No. 2 to join his duties had acted unconstitutionally and contrary to rules and it was accordingly being directed that a bill in regard to the salary due to respondent No. 2 be prepared and sent to his office. It was further stated that in case, it v,as not done within 15 days then it would be treated as a default of the management and then orders would be passed for single operation of the account as provided for in Sec. 5 of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. in reply to this on behalf of the Committee of Management a letter dated Nov. 18, 1977 was written to the District Inspector of Schools. It was asserted in this reply that there were no arrears of salary due to the respondent No. 2 and that he had already been paid the dues in Jan. 1977, a printed reference was made in this reply to the earlier letter of the District Inspector of Schools dated Oct. 11, 1977 whereby it was pointed that the remedy of respondent No. 2 lay in tiling an appeal against the order of the Principal. Thereafter the District Inspector of Schools on 2-12-1977 passed an order directing single operation of the account. It was further directed in this order that the account would be operated under the signatures of Shri Ram Sukh Tripathi, an Associate District Inspectors of Schools who has been arrayed as respondent No. 3 to this petition. Thereupon the petitioner filed the present petition in this Court.