RAM ASHEESH MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) The present writ petition has been filed with the prayer to issue a writ of mandamus directing the opposite party No. 2, particularly the District Inspector of Schools, Mau to pay the arrears of the salary of the petitioners for the period from 1.12.1999 to 20.3.2006 (seven years, three months and twenty days) by treating the petitioners' service on Class IV employee's post since 1.12.1999 and further to issue direction to accord all benefits and emoluments to the petitioners for Class IV post in the institution treating the petitioners' service since 01.12.1999 on Class IV post in accordance with law. Heard learned counsel for the petitioners, learned Standing Counsel and perused the record.

(2.) Learned counsel for the petitioners submitted that there was vacancy for the post of Class IV employee in the B.R. K. Inter College, Walidpur, Mau on which the petitioners were appointed on 1.12.1999. The post was advertised on 16.9.1999. Interview took place on 17.10.99 and consequently by the resolution they were selected on the post of Class IV. They were appointed and joined on 1.12.1999. The matter for approval was already pending before District Inspector of School, District Mau for a long time and since there was delay, hence the petitioners were appointed by the Principal of the Institution, respondent No. 5 which has not been denied by the respondent No. 5 in his counter-affidavit. The reminder was also issued to the District Inspector of School (in short D.I.O.S.) Mau on 1.11.1999 and thereafter appointment was issued on 27.11.1999. On 11.7.2000 the District Inspector of School disapproved the appointment of the petitioners by interpreting the Regulations 101 to 107 Chapter III, U.P. Intermediate Education Act, 1921. That order was challenged before the High Court in Writ Petition No. 8347 of 2001 which was allowed on 11.3.2005 and the order of District Inspector of School disapproving the appointment of the petitioners was quashed and the direction was issued to consider the approval of the petitioners afresh by order dated 11.3.2005. Thereafter the District Inspector of School considered the matter of the petitioners afresh by order dated 14.11.2005. The appointment of the petitioners was approved and the same was placed before the Joint Director, Education, Azamgarh Mandal, Azamgarh, after report of Regional Committee dated 9.3.2006 as the representation of the petitioners had already been accepted by the District Inspector of School. The order of Joint Director of Education, Azamgarh was issued on 18.3.2006. Thereafter District Inspector of School issued a letter on 21.3.2006 in pursuance of the order of Joint Director, Education on 18.3.2006 and for payment of salary w.e.f. the date of the order issued by him, hence the present petition has been filed. The District Inspector of School has arbitrarily issued the letter in pursuance of the letter though the petitioner was entitled for payment of the salary from the date of the appointment, hence the direction be issued for payment of salary from 1.12.1999 to 20.3.2006. (Since he was working continuously from the date of joining.)

(3.) Counsel for the respondent No. 5 had not denied the claim of the petitioners and has not controverted the aforesaid facts regarding the appointment of the petitioners.