KANAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition embodies the fourth foray of the petitioners' seeking this Court to quash the order dated 20/1/2009, and for a further declaration to the effect that the petitioners have been in continous regular service from 1989 and consequently entitled to all arrears of salary with effect from 01/6/2008. Sadly, by the time this writ was taken up for final disposal, the petitioner nos. 4 and 5 had retired from service on 30/6/2012 and 30/6/2011 respectively. The petitioner no.3 died during the pendency of the writ petition and on a substitution application filed in these proceedings his legal heirs were brought on record. Today only the first two petitioners still continue to work in the institution in question.

(2.) SINCE the litigation has some history, it would be pertinent to note the following facts.

(3.) THE petitioners, all Assistant Teachers, are said to have been engaged and appointed in the primary section of the Shastri Smarak Uchhttar Madhyamik Vidyalaya, Ahmadshahpur, Padar. Their appointments are said to have been approved by the District Inspector of Schools, Meerut by his letter dated 03/10/1985. It appears that by a Government Order dated 06/9/1989, the said institution came to be included in a list of 293 High Schools to whom the provisions of the Payment of Salaries Act, 1971 came to be extended. Pursuant to the inclusion of the institution in the above list, the Committee of Management of the College is said to have submitted a salary bill for the month of October, 1989, of all teachers and staff including the Assistant Teachers of the primary section. The District Inspector of Schools, on receipt of the aforesaid salary bill did not accord payment to the teachers of the primary section except for four. These four teachers were Pramod Kumar, Aklanand Tyagi, Pradeep Kumar and Sardhanand Tyagi. The cause for non -payment of salary to the other teachers including the petitioners here was that an inspection is said to have been undertaken by the said Authority on 16/10/1989, wherein he found only the four abovenamed teachers to be discharging their duties. This fact was noticed and recorded in the order that he proceeded to pass on 04/6/1990.