HANUMANT LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed for the following reliefs:-

(2.) The facts giving rise to the present writ petition are that Bappa Srinarain Vocational Inter College, Charbagh, Lucknow (for short 'College') is a recognized Intermediate College by the Board of high School and Intermediate Education, U.P., Allahabad and is governed by the provisions of Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed thereunder as also by the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries of Teacher and other Employees) Act, 1971. A short term vacancy in Assistant Teacher (Hindi), L.T. Grade occurred due to promotion of one Chandramauli Shukla on the post of Lecturer (Hindi). The committee of management adopted the Sec. procedure in view of the provisions of The Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 and the petitioner was appointed on 27/8/1997 after following the due procedure. The petitioner joined the services as Assistant Teacher (Hindi), L.T. Grade on 1/9/1997. Thereafter, papers were forwarded to the District Inspector of Schools, Lucknow by the committee of management for approval and payment of salary on 2/7/1998. When the salary was not paid to the petitioner, he filed the present writ petition with a prayer to make payment of salary to him. This Court vide order dtd. 7/4/2000 passed an interim order to the effect that the District Inspector of Schools, Lucknow will pay salary to the petitioner. It is, however, admitted that till date the interim order passed by this Court is not complied with. The writ petition has remained pending since 2000 and is ripe for hearing as the pleadings have been exchanged.

(3.) Learned counsel for the petitioner has submitted that though the vacancy was short term i.e. Assistant Teacher (Hindi), L.T. Grade, but while the requisition sent for making appointment, the committee of management could have treated the subject as Social Science and the petitioner being Graduate in B.A. with Social Science as one of the subject, could have been appointed on the post in question. He has further submitted that the committee of management can change the vacancy as per subject-wise requirement. Learned counsel has submitted that petitioner has been appointed after following the due procedure and thereafter requisite papers along with relevant documents have been forwarded to the District Inspector of Schools, Lucknow for approval and payment of salary, but the opposite parties were adamant not to pay salary to the petitioner and in spite of the interim order being passed by this Court way back in 2000, the petitioner is neither allowed to work nor paid any salary.