DEVENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of mandamus commanding the opposite parties to pay the salary to the petitioner for the post of Assistant Teacher L.T. Grade in Shri Vishwanath Inter College, Kalan, Sultanpur and further a mandamus commanding the opposite parties to pay the salary to the petitioner month to month and not to create any obstruction in the functioning of the petitioner and to regularise the services of the petitioner. The petitioner has also prayed for directions to the opposite parties to pay arrears of salary along with interest.

(2.) According to the petitioner, he was initially appointed on the post of the Assistant Teacher L.T. Grade in the said college on 20.12.1998 on short term ad hoc basis. He joined on the post of Assistant Teacher L.T. Grade on 22.12.1998 and since then he has been working and performing his duties as Assistant Teacher L.T. Grade. Shri Vishwanath Inter College, Sultanpur (hereinafter to be referred as "College") is a recognised Intermediate College being governed under the provisions of U.P. Intermediate Education Act, 1921, and U.P. Secondary Education Services Selection Board Act, 1982 and U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The post of Assistant Teacher L.T. grade fell vacant in the College due to ad hoc promotion of Narsingh Bahadur Singh as English Lecturer on 8.8.1998. Later on the promotion of Narsingh Bahadur Singh as Lecturer has been duly approved by the D.I.O.S. The vacancy in question was duly intimated and communicated to the District Inspector of Schools and again after approval of the promotion of Narsingh Bahadur Singh, the requisition was again sent oh 21.1.2002. The Committee of Management advertised the post in Daily Newspapers on 2.12.1998 and circulated the vacancy. The information was also sent to the Employment Exchange and the same was circulated in the college. The Selection Committee recommended the name of the petitioner as first candidate and the committee of management approved the appointment of the petitioner by a resolution. The Manager of the college forwarded and submitted all the papers to the District Inspector of Schools on 22.12.1998 but the District Inspector of Schools has not taken any decision till date. A reminder was sent by the Manager of the College but to no effect. The copy of the letter of the management dated 22.12.1998 is Annexure 5 to the writ petition. Again a reminder was sent on 1.5.2002 but no action has been taken by the District Inspector of Schools. The petitioner is working and teaching but he is not getting the salary. The petitioner is M.Sc. B.Ed. and is duly qualified for the post of Assistant Teacher L.T. grade. Till date no regular selection has been made. It is alleged that the Committee of Management had adequate power to make short term ad hoc appointment in the interest of the college and the students till the regular selection is made and despite of it the petitioner is working against the sanctioned post.

(3.) The District Inspector of Schools, the opposite party No. 4 has filed the counter-affidavit and admitted that Shri Vishwanath Inter College, Kalan, Sultanpur is a recognised and aided institution and is governed by the provisions of U. P. Intermediate Education Act, 1921, U.P. Secondary Education Services Selection Board Act, 1982 and U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. It is also admitted that Narsingh Bahadur Singh was promoted in the Lecturer's Grade and consequently a short term vacancy had fallen on 8.8.1998 and it is also admitted that the management had given appointment to the petitioner against short term vacancy on 20.12.1998 and the management had sent all the relevant papers on 27.12.1998 to the District Inspector of Schools.