KANTI AGNIHOTRI SMT Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) This is a writ petition under Article 226 of the Constitution of India for issuing a writ in the nature of certiorari for quashing the order passed by the opposite party No. 1, the Dy. Director of Education, VIth Region, Lucknow as contained in Annexure No. 4 to this writ petition and for a direction to the opposite parties to pay salary of the petitioner regularly every month. The petitioner has further claimed the arrears of salary and for a writ in the nature of mandamus commanding the opposite party No. 6 not to make any selection for the post of Principal, Ganga Sagar Mishra Smarak Kanya Uchchatar Madhyamik Vidyalaya, Bhagwant Nagar, District Hardoi and not to interfere in the working of the petitioner as Principal of that institution.

(2.) The case of the petitioner is that Ganga Sagar Mishra Smarak Kanya Uchchatar Madhyamik Vidyalaya, Bhagwant Nagar, District Hardoi (hereinafter to be referred as "College") was at first a Junior High School and the petitioner had been appointed as its Head Mistress on 12.7.1969. In the year 1977, it was given recognition for starting High School classes with certain conditions as contained in Annexure No. 1 to this writ petition. These conditions were fulfilled and the regular classes for High School were started from 1979 on getting approval from the opposite party No. 2, the Regional Inspectress of Girls Schools, VIth Region, Lucknow vide order dated 28.5.1979 as contained in Annexure No. 1-A. According to the conditions imposed, it was necessary to appoint a Headmistress. The Managing Committee of the College in its meeting dated 29.9.1977 appointed the petitioner as Principal of the College with effect from 1.7.1979 vide order Annexure No. 2. On 4.10.1977, the management sent the appointment order of the petitioner to the opposite party No. 2 for her approval. The petitioner was regularly performing her duty as Principal of the College since the date of her appointment. On 25.1.1984, the opposite party No. 3, the District Inspector of Schools, Hardoi sanctioned the new pay scale to the petitioner and an entry to this effect was made in the service book of the petitioner. The Photostat copy of the Service Book is Annexure No. 3. According to this order, the pay of the petitioner was fixed in the pay scale of Rs. 770-1600 and she was to receive a basic pay of Rs. 810/- since 12.7.1979. This new pay had been given since February, 1984 but the arrears from 12.7.1979 to January, 1984 has not been paid as yet. On 22.7.1986, the opposite party No. 3 ordered to stop the payment of the salary to the petitioner with immediate effect for the month of July, 1986 and August, 1986 and it was directed that till further order the salary from the month of July, 1986 would not be paid to the petitioner The copy of the impugned order dated 22.7.1986 passed by the opposite party No. 3 is Annexure No. 4. The Manager of the institution was asked to explain as to why the demand for the post of Principal has not been made so far. The petitioner was also informed by the Manager that there were few complaints against her and in pursuance of these complains, the opposite party No. 1 has ordered to stop the salary of the petitioner. The opposite party No. 1 had never informed the petitioner about any complaints made against her and no opportunity had ever been afforded to the petitioner to explain about the complaints. On the directions of the opposite party No. 2, the Regional Inspectress of Girls Schools, VIth Region, Lucknow through her letter dated 10.7.1986 and the District Inspector of Schools vide letter dated 22.7.1986 directed the Manager to send a requisition for the post of Principal. On the direction by the District Inspector of Schools, the Manager of the College sent a requisition and the Secondary Education Service Commission advertised the post vide Advertisement No. 1 of 1986-87 while the post was already filled in the year 1987 before creation of the Secondary Services Selection Board.

(3.) The opposite party No. 5, the Manager of the College filed the counter-affidavit and admitted the appointment of the petitioner after issuing the advertisement, the approval of the District Inspector of Schools and sanction of the new pay scale to the petitioner. It is also admitted that the petitioner has been working satisfactory since the appointment. It has been stated by the opposite party No. 5 that the arrears of the salary could not be paid because the grand-in-aid payable to the institution has not been paid for the period from 1.7.1979 to February, 1982 in spite of repeated demands and from March, 1982 to January, 1984, the payment of arrears has not been sanctioned by the District Inspector of Schools. It is also stated that the Manager has also not been shown the complaints against the petitioner by the Regional Inspectress of Girls Schools, VIth Region, Lucknow and the payment of salary has been stopped on the basis of the letter of the District Inspector of Schools. It is on the direction of the Regional Inspectress of Girls Schools, VIth Region, Lucknow and the District Inspector of Schools that the requisition for the post of the Principal has been sent to avoid complications.