SURYA PRAKASH OJHA Vs. DISTRICT MAGISTRATE BALLIA

JUDGEMENT

(1.) This special appeal is directed against the judgment and order dated 16.11.1999 of learned single Judge by which the writ petition filed by the appellant was dismissed.

(2.) The case set up by the appellant in the writ petition, in brief, is that a substantive vacancy of an L.T. grade teacher occurred In the institution represented by respondent No. 4. The committee of management sent a requisition to the Commission through proper channel on 15.3.1991 and as no regular appointment was made, it advertised the post in a newspaper and after holding a selection on 10.7.1991, issued an appointment order in favour of the petitioner on 15.7.1991. The papers were also sent to the District Inspector of Schools. Ballia, who granted his approval on 30.7,1991, The appellant claims that he joined the institution on 20.7.1991. However, the District Magistrate, Ballia, passed an order on 2.8.1991 directing the District Inspector of Schools and also the Accounts Officer in his office not to make any payment of salary to the appellant. It was this order which was challenged in the writ petition and a further prayer was made that respondent Nos. 2 and 3 may be commanded to pay salary to the appellant.

(3.) Dr. R. G. Padia, learned counsel for the appellant, has strenuously urged that the payment of salary to a teacher in an educational Institution is entirely within the domain of the District Inspector of Schools and the District Magistrate has absolutely no jurisdiction to intervene in the matter and to pass an order directing that salary should not be paid to the appellant.