LAWS(ALL)-1992-5-42

SURJEET KAUR Vs. DISTRICT INSPECTOR OF SCHOOLS HARIDWAR

Decided On May 18, 1992
SURJEET KAUR Appellant
V/S
District Inspector Of Schools And Ors Respondents

JUDGEMENT

(1.) Petition in hand having been filed under Article 226 of the Constitution of India, seeks a writ of certiorari to be issued for quashing the notice dated 25-3-1992 (Annexure 19 to the petition) given by the District Inspector of Schools Hardwar to the Manager, Committee of Management, Mahila Vidyalay Intermediate College, Sati Kund Kankhal, Hardwar (in short the 'college') calling upon him to show cause why action be not taken under section 5 of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teacher and other Employees) Act, 1971 (U.P. Act No. 24 of 1971) owing to default of the management in submitting salary bills of teachers and other employess of the College A further prayer for a writ of mandamus commanding the Respondents to pay salary to the Petitioner, as may be admissible to him, Principal of the College, including increments and allowances perks besides arrears of salary from 28-10-91, has also been sought for.

(2.) The case in hand is marked by (sic) in its history. Abrief resume of the backdrop, the same being essential to unfold the truth and to deliver the justice, may be narrated as below.

(3.) Smt. Kamla Lal was appointed as Adhoc lecturer in Economics on 12-9-1975 obviously under Clause (2) of the U.P. Secondary Education (Removal of Difficulties) Order, 1975 issued vide notification dated August 18, 1975 in exercise of power under section 22 of the Uttar Pradesh Secondary Education Laws (Amendment) Act, 1975. The appointment was made in a clear vacancy and approved of by the Regional Inspectress of Girls Schools. The post held by Smt. Kamla Lal was advertised on August 24, 1976 and the Petitioner was selected for appointment by the Selection Committee in its metting held on 21-11-1976. Letter of appointment was issued in favour of the Petitioner and she Joined her duties. From the facts on record, it would transpire that a representation was made by Madhyamik Shikshak Sangh to the Director of Education U.P. Allahabad against the aforesaid selection on the posts held by Smt. Kamla Lal and other Adhoc Appointees, and the Director of Education after giving a hearing to the concerned teachers and the Management, passed an order on October, 13, 1977, quashing the selection dated 21st November 1976. By the aforesaid order, the Adhoc appointees including Smt. Kamla La! were given benefit of section 16-GG of U.P. Intermediate Education Act, 1921. The Petitioner and other teachers selected for appointment by the Selection Committee in its meeting on 21-11-1976 filed a Writ Petition, it being Civil Misc. Writ Petition No. 2011 of 1977, in which an interim order was granted la their favour by virtue of that they continued oa their respective posts. The Director of Education, however, by a subsequent order dated 6-10-1978 recalled his earlier order dated 13th October, 1977 and consequently, the writ peiitio0 aforesaid was dismissed as infructuous. Adhoc Appointees including Smt. Kamla Lal, then preferred writ petitions, being Civil Misc Writ Petition Nos 10484 of 1978 Smt. Saria Chopra v. Director of Education, U.P. Allahabad and 10495 of 1978 Smt. Kamla Lal v. Km. Surjeet Kaur and others. The aforesaid petitions ended in being allowed by a Division Benoh by means of the order dated 12-9-1980. The decision being Smt. Sarla Chopra v. Director of Education, U.P. Allahabad,1981 UPLBEC 203. While dealing with the case of Smt. Sarla Chopra, the Division Bench observed as under: