RAJ KUMAR SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) The petitioner who is a Clerk in an Intermediate College preferred this writ petition for issuance of a writ of certiorari to quash the order dated 5.12.2007 whereby his representation for payment of his salary from May, 1990 to 9.11.2003 was rejected by the respondent No. 1, the District Inspector of Schools, Bulandshahar. A brief reference to the factual aspect would suffice.

(2.) The Janta Intermediate College (for short Institution), Panchgai, district Bulandshahar is a recognised institution. A Society registered under the provisions of the Societies Registration Act, 1860 has established this institution. The institution is administered by the Committee of Management. It receives the aid from the State fund, at the level of the High School. The affairs of the institution, its teachers and employees are governed by the U.P. Intermediate Education Act, 1921; the regulations framed thereunder and U.P. Secondary Education (Service Selection Board) Act, 1982.

(3.) The petitioner was initially appointed in the year 1976. He was suspended on 29.10.1980 as he was made accused in a criminal case. On the said ground his services were terminated by the Committee of Management on 30.11.1980. The Committee of Management sent the papers to the District Inspector of Schools for the approval. The District Inspector of Schools accorded the approval for his termination. Aggrieved by the said order the petitioner filed an Appeal before the Deputy Director of Education who set aside the order of termination and approval of the District Inspector of Schools vide order dated 11.2.1999. He directed that the petitioner would be placed under suspension and his termination would be subject to the outcome of the criminal proceedings. In the meantime the Committee of Management appointed one Kunwarpal Singh on 18.11.1981 on temporary basis. The District Inspector of Schools approved his appointment on 2.2.1982 and he started functioning as Assistant Clerk and he was paid salary.