COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri. Rajeev Mishra, Advocate for the Committee of Management, Rashtriya Krishak Inter College, Sri. R.K. Ojha, Advocate for Ram Sanehi and learned Standing Counsel for the State -respondents. Facts on record of these five writ petitions, which are interlinked, are a classic example as to how the employer, employee and the office of the District Inspector of Schools and the Regional Joint Director of Education play with the statutory provisions and thereby create a situation, where the public money which could have been utilized for better purpose, is in fact paid as salary to a person not legally entitled to it, thereby defrauding the public exchequer. Statutory provisions applicable are rendered waste paper by these four players in the game.

(2.) ALL these petitions have been clubbed together and are being decided by this common judgment.

(3.) WHAT is worst to note is that from the counter affidavit filed by the District Inspector of Schools in writ petition No. 47432 of 2009, it is apparent that in 1999 itself at least 18 vacancies were caused in various recognized and aided institutions in District Basti but against none of these vacancies, Ram Sanehi was adjusted. Ram Sanehi himself did not raise any grievance within reasonable time for his adjustment against any available vacancy in the District Basti during all this period, which spans over more than 6 years.