COMMITTEE OF MANAGEMENT ASHRFIA INTERMEDIATE COLLEGE Vs. DEPUTY DIRECTOR OF EDUCATION AZAMGARH REGION

JUDGEMENT

(1.) This Special Appeal is directed against the judgment and order of the learned Single Judge dated 19.8.1999, by which the writ petition of the appellant-committee of management of a minority institution challenging the order of the Deputy Director of Education, Azamgarh dated 20/22.7.1996 (Annexure-15) stands dismissed. The Committee of Management, the appellant manages an institution known as Ashrafia Intermediate College, Mahal, District Azamgarh, which is admittedly a minority Institution. The respondent No. 4 claimed to have been appointed in the institution in the year 1972. The case of the respondent No. 4 is that he was working continuously but he was not paid salary. This stand has been consistently denied by the appellant. It may be pertinent to mention here that the respondent No. 4 had earlier filed another writ petition being writ petition No. 615 of 1985 in which he prayed for a writ of mandamus commanding committee of management to treat him as a teacher in the Institution and to pay his salary. He alleged that he was continuously working in the Institution since it was a Junior High School and that in the year 1978, Junior High School was upgraded to High School, that he complained to the Basic Shiksha Adhikari regarding payment of salary, that the Basic Shiksha Adhikari passed an order dated 25.11.1978 ordering the Manager of the Institution to make payment to him, that thereafter he approached the Principal and the Manager of the Institution several times but his salary was not paid, that he then approached the District Inspector of Schools, Azamgarh who by order dated 2.12.1980 held that the order of the Basic Shiksha Adhikari was correct and directed the Manager to permit him to resume duty.It was further alleged that the District Inspector of Schools by its order dated 7.8.1991 ordered the Manager to comply with its, previous order dated 2.12.1980 as well as the order of the Basic Shiksha Adhikari dated 25.11.1978. In para 11 of that writ petition, it was stated that the Institution came under grants-in-aid in the month of March, 1984 and since then the salary of teachers and other employees is being paid under the U.P. High School and Intermediate Colleges (Payment of Salaries of. Teachers and other Employees) Act, 1971, hereinafter called as the 'Payment of Salaries Act' for the sake of brevity.

(2.) Counter affidavit by the appellant Committee of Management was filed in the earlier Writ Petition No. 615 of 1985 in which it was specifically averred that the petitioner therein (present respondent No. 4) was first appointed in the institution as untrained teacher in the year 1972. He remained in this capacity only upto 14.10.1974 and left the institution and again came on 1.8.1875 as trained teacher. It was denied that the petitioner continuously worked in the institution. That writ petition was "not pressed" by Respondent No. 4 and on request on his behalf was disposed of by an order dated 9.1.1996 in the following terms : "After some arugment, Shri G. N. Singh, learned Counsel for the petitioner prays to withdraw this writ petition with liberty to the petitioner to move the Dy. Director of Education, Azamgarh for the redressal of his grievances. Shri C. K. Rai, the learned Standing Counsel for the respondent No. 1, District Inspector of Schools, Azamgarh and Shri K. K. Pandey, the learned Counsel for the respondent No. 2, the Committee of Management, Ashrafia Uchhttar Madhyamik Vidyalaya, Mahul, Azamgarh have got no objection to the prayer of withdrawal and liberty. Accordingly this writ petition is dismissed as withdrawan with liberty aforementioned. No cost. Sd/-Judge... 9.1.1996."

(3.) After the order of this Court dated 9.1.1996, the respondent No. 4 filed a; representation dated 27.1.1996 before the Deputy Director of Education for payment of salary. The Deputy Director of Education after hearing the petitioner; Committee of Management and the respondent No. 4 passed an order dated 20/22.7.1996 (Annexure-15 to the writ petition.) The Deputy Director of Education relied upon the order of the District Basic Shiksha Adhikari, Azamgarh dated 25.11.1978 and letter of the District Inspector of Schools dated 2.12.1980, 7.8.1981, and 24.10.1994 and held that the respondent No. 4 was working in the institution continuously since the year 1972. However, the Deputy Director of Education did not record any finding as regards the date from which the respondent No. 4's salary was stopped. Against the order of the Deputy Director of Education, the present writ petition was filed by the Committee of Management.