RAMKESH VERMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners, Sri Anurag Kumar Maurya, learned Standing Counsel for the respondent nos.1 to 3 and Sri Jyotinjay Verma and Sri Neeraj Chaurasia, both representing respondent no.4.

(2.) By means of the present writ petition, the petitioners are challenging an order dated 18.11.2008 whereby the claim for the payment of salary of the petitioners has been rejected on the ground that the procedure prescribed for selection and appointment of the petitioners has not been followed nor the Manager of the Institution has submitted papers for consideration of claim of the petitioners before Assistant Regional Director of Education, Basic, Faizabad Region, Faizabad.

(3.) The petitioners claim that petitioner no.1 was granted appointment on the post of Assistant Teacher on 25.6.1981 in the institution and in pursuance thereof, he joined on 1.7.1981. The petitioner no.2 was granted appointment on the post of Peon by the Committee of Management on 22.6.1986 and he joined in the institution on 1.7.1986. Appointment of the petitioners has been regularized vide orders dated 2.11.1988 and 14.9.1992 respectively. The institution was brought within the purview of Payment of Salary Act on 2.12.2006. The claim was set up by the petitioners for disbursement of salary from State Exchequer on the ground that they have been duly appointed teacher and Group-'D' employee of the institution and are entitled for the payment of salary from the State Exchequer. When no order was passed on the claim set up by them, Writ Petition No.5679 (SS) of 2008 was filed before this Court which was finally allowed with the direction to the Competent Authority to pass an appropriate order on 15.9.2008. After service of the copy of the order passed by this Court, direction was issued to the parties to file necessary documents to establish selection and appointment on the post of Assistant Teacher and Group-D post. Respondent no.3, after giving opportunity of hearing to the parties, passed an order on 18.11.2008 by recording a finding that in spite of direction issued to the Management to submit relevant papers in regard to selection and appointment of the petitioners, the same were not made available. In conclusion part of the impugned order, it has been recorded that the society was registered on 17.8.1981 which was renewed on 17.8.2005 for the period of five years. The institution which was run and managed by the Society, was granted temporary recognition by the District Basic Education Officer on 30.6.1982 and permanent recognition to the institution was granted by the Assistant Regional Director of Education Officer, Faizabad Region, Faizabad on 25.7.1987.