JAHAJ PAL Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate, appearing on behalf of the petitioner and Ms. Suman Sirohi, learned Standing Counsel, appearing on behalf of the respondents.

(2.) Brief facts, giving rise to the present petition, are that there is an institution, named as Janta Inter College, situated at Lisarh, District Muzaffarnagar (hereinafter referred to as the 'institution), which is imparting education upto Class XII. The said institution is government aided and is a recognised institution, which is being governed by the provisions of the U.P. Intermediate Education Act, 1921 and the provisions of U.P. High School and Intermediate College (Payment of Salary to Teachers and other Employees) Act, 1971 are applicable. One Sri Krishna Pal Singh, a permanent C.T. Grade teacher, who was working in the institution, proceeded on long leave on 22.11.1997 giving rise to a short term vacancy in C.T. Grade. The Committee of Management invited application for filling up the short term vacancy for which the petitioner also applied. The Selection Committee took interview as a result of which recommended the name of the petitioner for appointment on the short term vacancy so caused. The recommendation of the Selection committee has been accepted by the Committee of Management and by a resolution of the Committee of Management, the petitioner has been appointed as a C.T. Grade teacher. The papers were forwarded to the District Inspector of Schools for according approval to the appointment of the petitioner on 7.7.1988. Consequently, the Committee of Management issued an appointment letter dated 7.7.1988 to the petitioner, who joined the institution on 8.7.1988 as a C.T. Grade teacher. The District Inspector of Schools, vide order dated 12.7.1988, accorded approval to the appointment of the petitioner till 20.12.1988. It appears that Sri Krishna Pal Singh again sought extension of his leave upto 30.6.1989, which was accepted. The College vide letter dated 15.12.1989 sought fresh approval from the District Inspector of Schools. The District Inspector of Schools vide order dated 30.12.1988 again approved appointment of the petitioner upto 30.4.1989. The petitioner continued to teach classes upto 30.4.1989. Thereafter, the College was closed for summer vacation and re-opened in July, 1989. It appears that Sri Krishna Pal Singh tendered his resignation on 25.5.1989 giving rise to a substantive vacancy. When the petitioner intended to join his duty in July, 1989, he was told that as the District Inspector of Schools had accorded approval to his appointment only till 30.4.1989, he could not be paid salary under the Payment of Salary Act till District Inspector of Schools accords approval afresh. He was further told that he may continue to take classes till fresh approval is accorded for which he would be paid salary from the College fund. On the assurance of the College administration, the petitioner continued to work at the salary of Rs.750/= per month only which was being paid by the College. When the salary has not been paid, the petitioner filed a representation dated 28.8.1989 before the District Inspector of Schools. When the approval of appointment for further period has not been accorded by the District Inspector of Schools and he was not being paid salary, he filed present petition seeking a mandamus to the respondents not to interfere in the working of the petitioner as adhoc C.T. Grade Teacher till a candidate duly recommended by the Commission/Board joins the post or till the services of the petitioner are dispensed with in accordance with law and to pay the arrears of salary as C.T. Grade teacher under the Payment of Salaries Act with effect from May, 1989 onwards. The writ petition was entertained and the respondents were directed to file the counter affidavit. An interim order was also passed to the extent that the respondents were restrained from interfering with the functioning of the petitioner as a C.T. Grade teacher and they were also directed to pay the entire amount of salary due to him within one month and also go on paying the current salary as and when fell due.

(3.) Learned counsel for the petitioner submitted that in view of the interim order, the petitioner is working and is getting salary, therefore, his services should be regularised under Section 33-B(1)(a)(i) of Act No. 5 of 1982 (U.P. Secondary Education (Services Selection Board) Act, 1982). He submitted that in those cases where the short term vacancy has been converted into the substantive vacancy, even before insertion of Section 33-B, which was inserted by U.P. Act No. 1 of 1993, with effect from 7.8.1993, if the cases of such teacher will not be considered for regularisation, the very purposes of enactment of this Section will frustrate and the Section will become redundant and will be unworkable.