INDIRA SHARMA UDAI VEER SHARMA Vs. DEPUTY DIRECTOR OF EDUCATION FINANCE DIRECTORATE OF EDUCATION JOINT DIRECTOR

JUDGEMENT

(1.) By means of the present writ petition filed under Article 226 of the Constitution of India, the petitioner, Km. Indira Sharma, seeks a writ, order or direction in the nature of certiorari quashing the order dated 4th September 1998 passed by the Joint Director of Education, I Region, Meerut, respondent No. 2, filed as Annexure 7 to the writ petition. She also seeks a writ of mandamus directing the respondents to release the payment of salary bills of the petitioner from 1st January 1991 (wrongly mentioned as 1996 in prayer) till date and to approve the services of the petitioner in pursuance of the order dated 21th May 1996 passed in Civil Misc. Writ Petition No. 24300 of 1997 and the order dated 28th August 1997 passed by this Court in Civil Misc. Writ Petition No. 26938 of 1997 and 6thApriI 1998 passed by this Court in Contempt Petition No. 432 of 1997.

(2.) Briefly stated, the facts giving rise to the present, writ petition are as follows:- In the district of Ghaziabad, there is an institution known as Manohari Vidya. Mandir Higher Secondary School, situate at Hapur Road. It is a recognised institution and is governed by the provisions of the U.P. Intermediate Education Act, 1921 and other statutory enactments. According to the petitioner, she is working as Assistant Teacher in the aforementioned institution from 1st January 1991. Up to the year 1986, the institution was a Junior High School and it was upgraded to High School. The teachers and other employees of the institution prior to its upgradation to High School, were receiving salary under the provisions of the U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act 1978. After its upgradation, the salaries of teachers and employees of the institution was stopped as it was not brought within the purview of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. However, the payment of salary was being released under the orders passed by this Court in the writ petition filed by the teachers and employees of the said institution. The institution has since been brought within the purview of the U.P. High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act, 1971. According to the petitioner, one Smt. Asha Sharma who was an Assistant Teacher in the institution, went on leave without pay on 1st November 1990. The petitioner was appointed as Assistant Teacher on lst January 1991 on the leave vacancy thus caused. Later on Smt. Asha Sharma resigned on 25th June 1993. The short term vacancy, thus, became a substantive vacancy. The District Inspector of Schools had stopped the payment of salary to the petitioner on the ground that that the Committee of Management had no power to make appointment of the petitioner against a substantive vacancy. As the petitioner was not being paid her salary, she approached this Court by filing Civil Misc. Writ Petition No. 24300 of 1994. By means of an interim order, the respondents were directed to pay the salary to the petitioner or to show cause. The respondents showed cause by filing a counter affidavit. This Court heard the matter finally and vide judgment and order dated 21st May 1996, while allowing the writ petition, directed the respondents to pass appropriate order for payment of salary. This Court relying upon an earlier decision in the case of Meena Singh v. District Inspector of Schools, Jaunpur and Ors., (1994) 3 UPLBEC 1652, held that if the short term vacancy is converted into the substantive vacancy, till the candidate selected by the Commission turns up to join the post, the incumbent who has already worked against the short term vacancy, is entitled to continue until the duly selected candidate by the Commission is appointed. The operative portion of the order passed by this Court is reproduced below: "In this view of the matter, the District Inspector of Schools is directed to pass appropriate orders for payment of salary of the petitioner with effect from the date it has not been paid."

(3.) The aforesaid judgment and order dated 21st May 1996 became final between the parties, a fact which is not in dispute.