COMMITTEE OF MANAGEMENT FIELD MARSHALL GENERAL MANIK SHAW UCHCHETTER MADHYAMIC VIDYALAYA Vs. DIRECTOR OF EDUCATION U P

JUDGEMENT

(1.) THE two writ petitions No. 20320 of 1991 and 9955 of 1992 are decided by a common judgment because they relate to the same institution and controversy raised in both the writ petitions is inter-related.

(2.) IN writ petition No. 20320 of 1991, petitioner seek a writ of mandamus directing the respondents to treat and to include the 30 preexisting post of C. T. Grade teachers existing and not dead while calculating the total strength of sanctioned teachers in the institution and not to treat the C. T. grade post as dead for the purpose of determination of Government aid for payment of salary to the teachers and staff of the petitioner's institution, and they pray for issuance of writ of mandamus commanding the respondent to make payment of salaries to all the teachers and staff of the institution whose names were recommended by D.I.O.S, Deoria vide his final recommendation letter dated 24-1-1992 for teachers and staff of the INstitution.

(3.) THE institution in question is said to be a registered society. THE main object of the society is to develop the educational standard in the area where it exists. THE affairs of the institution are looked after by the duly elected Committee of Management. In 1971-72, the school was granted temporary permission for running junior high school. In the year 1976 permanent recognition for junior high school was accorded to it. THE strength of teacher and staff in the year 1976 was 31 which would include 15 trained teachers, 11 untrained teachers, 4 peons and one clerk. THE Basic Shiksha Adhikari vide his letter dated 23-11-1979 granted conditional approval of the staff including trained teachers and untrained teachers. Untrained teachers had to complete their training at the junior high school stage. THEre were 22 sanctioned post of Assistant teachers including the Head Master. THE Committee of Management is said to have requested the authorities to treat the post of Head Master over and above the list of 26 teachers. This controversy remained unsolved upto the junior stage. School was upgraded as high school on 8-3-1982 and according to the requirement of the school additional posts were sanctioned. Additional sections were permitted to be opened on 22-8-1984 by the D.I.O S. Additional sections of Class VI to X were permitted to be opened by the D.I.O.S. After knowing the strength of the students on roll this permission was granted. THEre were 23 sections in all. For additional sections further permission was granted as a result of which there were 30 sections in all classes. On 10-8-1990 D.I.O.S. is said to have written to D D.R. VIIth Region, Gorakhpur for creation of further posts of teachers and staff in accordance with the strength of students as per norms provided under the Act and Rules framed thereunder. THE recommendation was accepted by D.D.R. vide his letter dated 31-8-1990/ 3-9-1990. 10 posts of L. T. grade teachers along with other staff was created. C. T. grade teachers were left out on the ground that C. T. grade posts has become dead. This observation is said to be unjustified and totally wrong because 26 teachers of C. T. grade were already working right from the Junior High School stage as such the posts held by them could not be said to be dead. Out of 26 C! T. grade teachers 14 teachers have put in more than 10 years of service who under law are entitled to get L. T. grade. Other 12 C. T. grade teachers have completed 8 years of service and if their period of experience as untrained teachers is also counted they also have completed 10 years of service in C. T. grade. Detailed description was given to the respondents in this regard. THE D.I.O.S. is said to have granted provisional sanction for adjustment of 21 teachers by his letter dated 27-8-1990 with a condition that it would be subject to the approval of D.D.R. VII. By the same letter approval was granted for 10 L. T. grade teachers, one post of clerk and 8 posts of IV class employees. THE D.I O.S. thereafter vide his letter dated 10-10-1990 is said to have written to the D.D.R. VII for creation of further 6 posts of L. T. grade teachers and 4 posts of C. T. grade teachers, the D.D.R. VII vide his letter dated 2-2-1991 finally sanctioned additional 6 posts of L. T. grade teachers increasing the total strength of L. T. grade teachers to 16. He further raised one additional post of clerk and one additional post of peon. However, he did not say anything about the conversion of pre-existing C. T. grade posts to L. T. grade or the adjustment of C. T. grade teachers into L. T. grade teachers. This arrangement was conveyed to the petitioner by the D.I.O.S, vide his letter dated 25-2-1991.