RAM VILASH SHARMA Vs. JOINT DIRECTOR VIITH MANDAL

JUDGEMENT

(1.) These five writ petitions are interconnected and relate to the matter of services of Sri Ram Vilash Sharma. Brief facts giving rise to these petitions are stated as below :

(2.) The Veer Shivaji Inter College, Sarhari, Gorakhpur is a recognised and aided educational institution governed by the provisions of U. P. Intermediate Education Act, 1921, and U. P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971.

(3.) The primary section of the institution was brought on the grant in aid list with effect from 1.10.1989. By an order dated 31.3.1989 issued by the District Inspector of Schools, Gorakhpur, the services of the employees of the upgraded primary section were sanctioned. The actual payment commenced with effect from October, 1989. On 1.8.1991, the District Inspector of Schools sanctioned the payment of salary of 7 more Assistant Teachers in the primary section, including the petitioner Sri Ram Vilash Sharma as Assistant Teacher at SI. No. 2. The salary of these persons was not paid as the requisite grant was not released. These employees started getting their salaries only from the year 2001, which was actually paid to only two teachers out of these seven, namely Sri Shiv Kumar Lal and Deep Narain Tripathi, as the Committee of Management claimed that only these two teachers out of seven were regularly discharging the duties in the primary section. Sri Sharma was permitted to discharge some teaching work on informal basis from 1.12.1991 to 15.5.1993, after which, it is alleged by the Committee of Management that he did not function, and that in collusion with the Principal his name was again included in the attendance register from October, 2001. On the basis of the documents submitted by the Principal, the payment of Rs. 2.25 lacs was released by the department towards the salary of Ram Vilash Sharma in the year 2000-2001, This amount was, however, not paid to him by the management.