SANTOSH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) IN pursuance of its advertisement dated 15 -12 -1983 management of Shri Durga Ji Post Graduate College, Chand sar, Azamgarh (hereinafter referred to as the college), which is affiliated to Purvanchal University Jaunpur, appointed Sri Santosh Kumar Singh on 1 -1 -1984 as a lecturer in Agricultural Agronomy in the college, although he was not eligible, as he was not having the degree of M. Sc. (Ag.). After Sri Santosh Kumar Singh passed the M. Sc. (Ag.) in 1'985, the management of the college again advertised the same post on 12 -8 -1985 and in pursuance thereof again selected and appointed him as a lecturer in the college on 1 -10 -1985. Although he was appointed by the management twice to the post of lecturer but till the date of the appointments that D Mt was not sanctioned by the State Government. The Government sanctioned the post only on 1 -2 -1986 and from that date started paying him the salary. On 19 -1 -1987 the Director of Education passed the order regularising his service. However, the Director by his subsequent order dated 4 -5 -1987 stopped the payment of his salary. He has accordingly filed writ petition No. 2137 of 1988 before this Court for -appropriate direction for payment of his salary,

(2.) ON 25 -2 -1988 the Director of Education cancelled his earlier order dated 19 -1 -1987, whereby service of Sri Santosh Kumar Singh was regularised. The management of the college thereafter vide order dated 29 -2 -1988 terminated his service. These orders of the Director of Education and the management are sought to be challenged by Sri Santosh Kumar Singh by means of an amendment application.

(3.) DURING the pendency of above writ petitions, the Government of U.P. issued an order dated 14 -9 -1989, directing payment of salary to Sri Santosh Kumar Singh, against which the Committee of Management' of the college filed Writ Petition No. 18602 of 1989. This Court by interim order stayed the operation of the order of the Government.