CHANDRA SHEKHAR Vs. D I O S BASTI

JUDGEMENT

(1.) S. R. Singh, J. The above noted writ petition being passed on a common cause of action, the counsel for the parties agreed to these petitions being disposed of by a common order. In fact disposal of these writ petitions by a common order would lead to an effective and binding adjudication of the controversy involved in between the parties. The controversy is whether is S/sri Chandra Shekhar Rajendra Singh, Baij Nath Yadav, Nagina Singh and Sri Ram Pandey, the petitioners in writ petition Nos. 16639 of 1994 and 377 of 1995 (hereinafter called as first party) or S/sri Daya Ram Singh, Ram Briksha Singh, Ram Karan Singh, Bhagwat Singh and Raj Dso Chaudhary (petitioners 2 to 6 of the Writ Petition No. 18656 of 1994) in short the second party-were validly appointed and approved Assistant Teachers in the primary section attached to the College namely, Adarsh Krishak Inter College, Sihtikar, Basti or as held by the District Inspector of Schools vide impugned order dated 12/13th April, 1994 none of them was validly appointed and approved ?

(2.) THE facts giving rise to these petitions may be briefly set out as thus : Adarsh Krishak Inter College, Sihtikar Basti is a recognised Inter mediate College and an 'institution' within the meaning of the U. P. Secondary Education Services Commission Act 5 of 1982. Each set of the parties aforesaid is claiming itself to have been validly appointed in the primary section of the college in abnegation of the claim of the other. THE college was brought on the grants in aid list of the State Government i. e. within the purview of the U. P. High Schools and intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act 24 of 1971 in the year 1989. THE case of the first party is that Chandra Shekhar, Rajendra Singh Baij Nath Yadav and Nagina Singh were appointed Assistant Teachers on 9-8-1992 while Sri Ram Pandey on 22-7-1985 and the District Inspector of Schools, Basti confirmed and regularised their appointment vide order dated 20-12-1988 with effect from the dates indicated therein. THE case of the second party, on the other hand, is that S/sri Ram Briksha Singh, and Ram Karan Singh were appointed on 9-7-J. 988 and S/sri Daya Ram Singh, Bhagwat Singh and Raj Deo Chaudhary on 9-7-1989 (vide para 4 of the Writ Petition No. 18656 of 1994 ).

(3.) IT appears that on the basis of the aforesaid interim orders the second party i. e. S/sri Day a Ram Singh and others, pressed their claim before the District Inspector of Schools for salary and hiving failed to get any relief they filed a contempt petition in this Court. The District Inspector of Schools thereupon by his order dated 30-12-1994 directed the principal of the college allowed the second party to join their duties in the institution. The principal of the College allowed the second party to join their duties and informed the District Inspector of Schools accordingly vide letter dated 31-12-1994. The orders contained in letter dated 30-12-1994 and 31-12-1994 are the subject-matter of impugnment in. Writ Petition No. 37? of 1995.