COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) By this petition, the petitioner being Committee of Management of the institution has challenged the order dated 2.9.2005 passed by Director of Higher Education, Uttar Pradesh, Allahabad and order dated 19.4.2006 passed by Regional Higher Education Officer, Gorakhpur contained in Annexures-1 and 2 respectively to the writ petition, vide order dated 2.9.2005 (contained in Annexure-1 of the writ petition) the Director of Higher Education, Uttar Pradesh, Allahabad has decided the representation of Sri Indra Deo Pandit respondent No. 4 dated 1.4.2005, which was moved by him in pursuance of direction of this Court dated 15.3.2005 given in Writ Petition No. 6871 of 1997 filed him. By the said order, the appointment of respondent No. 4 w.e.f. 27.7.1990 on the post of Assistant Accountant was treated to be approved and he was directed to be paid his salary on the said post with effect from the aforesaid date by making adjustment of salary paid to him from September, 1998 to October, 1999. In pursuance of the aforesaid order passed by the Director of Higher Education, the Regional Higher Education Officer, Gorakhpur vide order dated 19.4.2006 has directed the Manager of the institution to comply with the order passed by Director of Higher Education and to make payment of salary to the respondent No. 4. These two orders have been challenged by the petitioner mainly on the ground that the Director Higher Education has passed the aforesaid order without affording any opportunity of hearing to the petitioner/Committee of Management of the institution.

(2.) The brief facts leading to the case are that Buddha Post Graduate College Kushinagar is affiliated to the Gorakhpur University and is governed by the U.P. State Universities Act and Statute framed thereunder. It is stated that one post of Assistant Accountant in the said institution was vacant and for filling the aforesaid post by way of direct recruitment as per provisions of the Statute of the University it was advertised in daily newspaper "Dainik Jagaran" on 6.2.1990. It is stated that the respondent No. 4 was duly qualified for appointment on the post of Class III employees in the aforesaid institution as he was graduate with commerce having accountancy and audit and is post graduate in commerce. In the Selection Committee as per the Statute the Manager of Committee of Management, Principal of the institution and District Inspector of Schools, Deoria were members and participated in the meeting of Selection Committee but Employment Officer in spite of giving consent for attending the meeting of Selection Committee due to some unavoidable reason could not participate on 7.4.1990 and out of 9 candidates who had made their applications only 6 candidates appeared before the Selection Committee and respondent No. 4 was found most suitable by the Selection Committee and was recommended for appointment on the post of Assistant Accountant vide letter dated 9.4.1990. Thereafter the Principal of the institution sent the entire documents relating to selection of respondent No. 4 for approval to the Regional Higher Education Officer, Gorakhpur respondent No. 3, as it was required as per Statute 25.04 of the Gorakhpur University but the Regional Higher Education Officer, Gorakhpur has not passed any order inspite of reminder sent by the Principal of the institution on 25.11.1990 and on the basis of order dated 25.7.1990 the respondent No. 4 joined the post of Assistant Accountant.

(3.) It is stated that the salary of the respondent No. 4 was not paid for quite long time and certain queries were made by Regional Higher Education Officer about the appointment of the respondent No. 4 but ultimately after conducting a detail inquiry from the institution, the approval to the appointment of the respondent No. 4 was given vide letter dated 11.9.1996 on the post of Assistant Accountant. In pursuance of approval given by the Regional Higher Education Officer the salary bill of the respondent No. 4 was passed by the District Inspector of Schools, Padarouna and respondent No. 4 was being paid his salary since September, 1996 and was discharging his duties on the aforesaid post since 27.7.1990. But all of a sudden the payment of his salary was stopped in the month of January, 1997 on the basis of letter dated 1.12.1996/16.1.1997 of the Director of Higher Education, Uttar Pradesh, Allahabad. Feeling aggrieved against the aforesaid action, the respondent No. 4 Indra Deo Pandit has approached this Court by filing Writ Petition No. 6871 of 1997 Indra Deo Pandit v. Director of Higher Education, U.P., Allahabad and others, whereby the payment of salary of the respondent No. 4 was stopped. On 6.3.1997 this Court has stayed the effect and operation of the order dated 1.12.1996/16.1.1997 passed by the Director of Higher Education, Uttar Pradesh, Allahabad.