NIWAS SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present writ petition, the petitioner has approached this Court for issuing a writ in the nature of mandamus directing the respondents to pay the salary to the petitioner in lecturer grade.

(2.) THERE is Janta Inter College, Nawabganj, District Farrukhabad, which is a recognised and aided institution. As the provisions of the U. P. High School and Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971 are applicable. The vacancy in L. T. Grade occurred in the college in the year 1980. The said vacancy was advertised and the petitioner applied for being appointed as Assistant Teacher in L. T. Grade. At that time the institution was recognised as High School. The petitioner was called for interview on the basis of his quality point marks amongst 7 candidates. The Selection Committee found the petitioner most suitable candidate and on its recommendation, the petitioner was appointed on probation with effect from 1. 4. 1980 as Assistant Teacher in L. T. Grade. The selection and appointment of the petitioner as Assistant Grade Teacher was made in accordance with the provisions of Chapter II of the Regulations framed under the U. P. Intermediate education Act, 1921. On expiry of aforesaid period of probation, the petitioner was confirmed. The institution in question being upgraded and recognised as an Intermediate College, four posts of Lecturer were sanctioned in December, 1980 The posts of Hindi and Sanskrit Lecturers were to be filled up by promotion whereas the two posts of English Lecturer and Geography Lecturer were advertised to be filled up by direct recruitment. As the petitioner was qualified for being appointed as lecturer in Geography, he applied for recruitment but subsequently the selection with regard to the post of the Geography Lecturer was cancelled with the result that only the post of Lecturer in English was filled up by direct recruitment whereas the post of Lecturer in Geography remained unfilled on the date of promulgation of Uttar Pradesh Secondary Education Services Commission and Selection Boards Ordinance, 1981. In exercise of its powers under section 83 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Ordinance, 1981, the State. Government issued an order known as Uttar Pradesh Secondary Education Services Commission (Removal of Difficulties) Order, 1981, vide notification dated 31. 7. 1981. In which a provision was made for ad-hoc appointment. According to the Clause 4 of the Removal of Difficulties Order, 1981, every vacancy for the post of a teacher in Lecturer's Grade was to be filled by promotion of the senior most teacher of the institution in the trained graduate (L. T. Grade ). The petitioner was senior most teacher of the institution in the trained graduate, therefore, he was entitled to be promoted on ad-hoc basis under paragraph 4 (2) of the Removal of Difficulties Order, 1981, In violation of provisions of the Removal of Difficulties Order, 1981, the Committee of Management illegally appointed one Naresh Singh Yadav as Lecturer (Geography) by direct recruitment on 1. 10. 1981. His appointment was cancelled by the Director of Education vide its order dated 15. 1. 1982 as the vacancy in the post of Lecturer in Geography was to be filled up by promotion.

(3.) THE petitioner being the senior most teacher in the institution in L. T. Grade, the Committee of Management passed a resolution on 28. 11. 1982 for adhoc promotion of the petitioner. On the basis of the resolution of the Committee of Management, the petitioner joined his duties as Lecturer with effect from 1. 12. 1982. The proposal of the Committee of Management was approved by the District Inspector of Schools, Farrukhabad vide letter dated 1. 1. 1982. A copy of the same has been filed as Armexure-1 to the writ petition. The vacancy on the post of lecturer in Geography has not yet been notified by the Commission and to the best of the petitioner's knowledge the Committee of Management has not intimated the vacancy to the Commission. On the basis of ad-hoc promotion, the petitioner was discharging his duties continuously as Lecturer in Geography. The petitioner has been taking inter classes and teaching Geography to the Intermediate students. The petitioner received his salary up to 30. 1. 1982. Thereafter the salary of the petitioner was paid as Lecturer from 1. 12. 1982 to January, 1985. The respondents have illegally stopped the payment of salary to the petitioner for the month of February, 1985 and onwards inspite of the fact that the petitioner was still continuing on the said post. The regular appointment on the post of Lecturer in Geography was to be made on the basis of recommendation of the Secondary Education Services Commission under the provision of the Commission Act, 1982. It is stated that the process of the selection by the Commission has not yet commenced, as such the petitioner is entitled to continue as ad-hoc lecturer, until the regular appointment is made on the basis of selection held by the Commission. When the salary of the petitioner was stopped, the petitioner made a representation to that effect to the respondents for payment of salary but the salary to the petitioner was not paid. Even the petitioner has approached the District Inspector of Schools to this effect, but by an order dated 7. 12. 1985, the Manager of the institution suspended the petitioner and the said order of suspension was not approved by the Competent Authority treating the order of suspension as arbitrary and malafide, as according to law the order of suspension comes automatically to an end on expiry of 60 days. If the same has not been approved by the Competent Authority. The services of the petitioner as Lecturer has not come to an end and as the petitioner is teaching, he is entitled for salary. Aggrieved by the inaction of the respondents, the petitioner has approached this Court.