NIRMALA SINGH WIFE OF SRI CHANDRA VIR SINGH LECTURER THAKUR VIR SINGH MAHA Vs. DIRECTOR HIGHER EDUCATION DIRECTORATE HIGHER EDUCATION

JUDGEMENT

(1.) An advertisement was issued in the year 1991 by the Management of Thakur Vir Singh Mahavidyalay, Tundla, an affiliated college to Agra University for appointment of Adhoc Lecturers in History, Sanskrit and Sociology. Both the petitioners applied Smt. Nirmala Singh was appointed as Lecturer in History whereas Dr. Smt. Kamlesh Verma was appointed as Lecturer in Sanskrit. The appointments were approved by the Vice Chancellor on 23.9.1991. They joined on 16.9.1991. The service of petitioners were terminated by the management by notice dated 1.6.1992. Smt. Nirmala Singh filed civil misc. writ petition No. 25250 of 1992 whereas Dr. Kamlesh Verma filed civil misc. writ petition No. 35189 of 1992 challenging the termination orders. This court stayed the termination orders. However, subsequently the petition of Smt. Nirmala Singh was dismissed as infructuous on 1.4.1998 whereas petition filed by Dr. Kamlesh Verma was dismissed in default on 11.2.1993 and the restoration application is still pending.

(2.) By order dated 6.3.1998 the Director Higher Education regularised, services of the petitioners. Thereafter the petitioners started receiving their salary as Lecturer. On 15.12.1999 a show cause notice was issued by the Director Higher Education to the petitioners to the effect that they are not entitled for payment of salary from the government grant and management is liable to pay their salary as the petitioners do not come within the definition of teacher. The petitioners submitted their reply to the show cause notice. Meanwhile, the State Government has passed an order dated 26.2.2001 regularising the services of 524 teachers which include the petitioners. In pursuance of the order of the State Government the Director Higher Education has passed an order on 27.2.2001 that for payment of salary to the teachers mentioned in the order dated 26.2.2001 be made and demand of funds be raised from the State Government for payment of their salary. Both these petitions have been filed by the petitioners claiming payment of salary w.e.f. November, 1999.

(3.) We have heard Shri Ashok Khare, learned senior counsel, assisted by Shri A.K.Singh appearing in both the petitions for the petitioners and Shri R.P. Tiwari, learned standing counsel appearing on behalf of respondents No. l to 3, 5 and 6, Shri Indal Singh, learned counsel appearing for respondent No. 4 and Shri Pankaj Mittal, learned counsel appearing for respondent No. 7.