SHAILENDRA KUMAR SRIVASTAVA Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioners seeking a direction in the nature of mandamus commanding the respondent no.3, Principal, Nagar Palika Inter College, Mughalsarai, Chandauli to allow the petitioners to work in the institution on their respective Class-IV posts and also to pay their salary of the said post.

(2.) THE facts of the case, in brief, are that there is an institution known as Nagar Palika Inter College, Mughalsarai, Chandauli, which is a recognized institution under the provisions of the U.P. Intermediate Education Act, 1921, and the said institution is also receiving grant-in-aid from the State Government. Two posts for Class-IV fell vacant, one for Ardali/Peon and another for Book Binder. The said posts were advertised on 26.12.1997. The petitioners amongst others also applied and as per their quality point marks obtained by the candidate the petitioners having the highest marks were found to be the best candidates for appointment and, accordingly, they were selected for appointment. The Principal, respondent no.3 sought approval by his letter dated 21.10.1997 from the District Inspector of Schools for making the appointment on the said posts of Ardali/Peon and Book Binder. Approval was granted by the District Inspector of Schools by his letter dated 30.10.1997, Annexure No.2 to the writ petition. In pursuance thereof, the posts were advertised and applications were invited from the eligible candidates. Among others who applied, the petitioners also applied and on the basis of the quality point marks were selected for appointment on the posts of the Ardali/Peon and Book Binder. Thereafter the Principal by his letter dated 20.01.1998, Annexure No.3 to the writ petition, submitted the entire papers to the District Inspector of Schools seeking financial approval for payment of salary of the petitioners on the post of Ardali/Peon and Book Binder. A reminder was also sent on 21.01.1998 for releasing the salary of the petitioners for the month of January, 1998. It is also stated that during this period the petitioners were placed under suspension on 21.01.1998 but the said suspension was revoked by the District Inspector of Schools, Chandauli by his letter dated 05.02.1998. Thereafter, the petitioners were again suspended on 13.02.1998 and they approached the District Inspector of Schools, Chandauli, who again revoked the order of suspension on 13.04.1998, Annexure No.9 to the writ petition. Thereafter, the petitioners represented before the District Inspector of Schools, Chandauli for payment of salary but no orders have been passed so far. Aggrieved the petitioners have filed the present writ petition.

(3.) I have heard Sri Anil Bhushan, learned counsel for the petitioners and learned Standing Counsel. List has been revised. None appears for the respondent nos.3 and 4. It has been submitted by the learned counsel for the petitioners that in terms of the interim order of this Court dated 21.05.2001 the petitioners have been permitted to join on the post of Class-IV but till date they have not been paid any salary. It has further been submitted by the learned counsel that under the Regulation 100 framed in exercise of power under Section 15 of the U.P. Intermediate Education Act, 1921 the Appointing Authority of Class-III and Class-IV is the Principal and in the present case also it is the Principal, who had appointed the petitioners on Class-IV posts. The provisions of Regulations 100 and 101 reads as follows:- ...[VERNACULAR TEXT OMMITED]...