UMANATH MAHRAJGANJ Vs. D I O S MAHARAJGANJ

JUDGEMENT

(1.) J. C. Gupta, J. Sri S. C. Dwivedi has accepted notice on behalf of respondent No. 2. Standing Counsel has accepted notice on behalf of respondent No. 1. On behalf of respondent No. 2 a short counter-affidavit has been filed.

(2.) IT appears that the petitioners were already working as Assistant Teacher in L. T. Grade in the institution in question. IT is alleged that on 21-6-1997 the Special Secretary to the Education Department superseded the Committee of Manage ment and appointed Authorised Control ler in the College. The then D. I. O. S. was appointed as Authorised Controller of the college. The Authorised Controller took over the charge and on 2-7-1997 for warded the papers of the petitioners for promotion as Lecturer in History and Sociology being the senior most qualified teachers available in the L. T Grade and their promotion was approved by the then D. I. O. S. by his order dated 2-7-1997. Financial sanction was also granted to the promotion of the petitioners by the D. I. O. S. by his order dated 4-7-1997 and in pursuance of the same, the petitioners received salary as Lecturer for the month of July 1997. IT further appears that in the meantime, the Committee of Manage ment, respondent No. 2 sent a com munication to respondent No. 1, stating therein that the petitioners succeeded in getting promotion by playing fraud. IT fur ther appears that the D. I. O. S. is holding some inquiry into the said stand of respon dent No. 2 and pending that inquiry, the D. I. O. S. has directed respondent No. 2 not to send salary bills of the petitioners from August, 1997. A perusal of the impugned order indicates that some inquiry is pend ing before the D. I. O. S. regarding the promotion of the petitioners on the post of Lecturer. In the circumstances respon dent No. 1 is directed to decide the said controversy expeditiously within a period of one month from the date a certified copy of this order is produced before him and respondent No. 2 as well as the petitioners are directed to co-operate and submit all necessary papers as may be re quired for the purposes of inquiry by the D. I. O. S. Learned Counsel for the respon dent No. 2 undertakes that within a period of one week from today, the Management shall forward the salary bills of the petitioners for the undisputed amount, that is the salary of L. T grade teacher. With the above observations, the writ petition is disposed of finally. W. P. disposed off. .