RAM GANESH SINGH Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, who claims to have been appointed as an Assistant Teacher in L.T. Grade in Gantantra Intermediate College, Deshee, Deoria (hereinafter referred to as the "Institution"), filed this petition in July 1992 for a direction upon the respondents to pay arrears of salary to the petitioner from 1st July, 1991 and to continue to pay the same.

(2.) It is stated in the writ petition that two posts of Assistant Teachers in the L.T. Grade were created in the Institution on 31st March, 1991 and the District Inspector of Schools was requested to make appointments on these two posts but as such appointments were not made, the Committee of Management of the Institution proceeded to make appointments under Section 18 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the 'Act') and issued the letter dated 20th June, 1991 for appointment of the petitioner as Assistant Teacher in the L.T. Grade. The petitioner joined on 1st July, 1991 and thereafter information was sent by the Management to the District Inspector of Schools for granting approval but the District Inspector of Schools informed that a ban had been imposed by the State Government and, therefore, the Committee of Management of the Institution could make appointments only after the ban was lifted. It is further stated that the Committee of Management, therefore, sent the requisition to the District Inspector of Schools on 16th August, 1991 for making appointment and when no appointment was made, the Selection Committee met on 20th October, 1991 and made recommendation for appointment of the petitioner as Assistant Teacher as the petitioner was found to be most suitable. On 21st October, 1991 the Committee of Management resolved to appoint the petitioner and the appointment order dated 21st October, 1991 was issued. Subsequently, information was sent to the District Inspector of Schools on 22nd October, 1991 but as the District Inspector of Schools did not pass any order within two weeks, the appointment of the petitioner as Assistant Teacher stood approved. This petition has, accordingly, been filed for a direction upon the respondents to pay salary to the petitioner from 1st July, 1991.

(3.) On 4th August, 1992 when the petition was taken up, an order was passed by the Court that the respondents shall pay salary to the petitioner in the L.T. Grade or show cause by filing a counter-affidavit within one month from the date of production of a certified copy of this order before the District Inspector of Schools, Deoria. Office has reported that the counter-affidavit has not filed in the petition. The petitioner has not filed any affidavit to bring to the notice of the Court whether the petitioner was permitted to work and whether any salary was paid to the petitioner.