BHAGWAN SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS MATHURA

JUDGEMENT

(1.) Heard petitioner's counsel and learned standing counsel for the respondent Nos. 1 and 2.

(2.) This petition has been filed with a prayer that the respondents be directed to make payment of the salary to the petitioner from 1.7.1991 and also pay him regular salary month to month as and when the same falls due. It has also been prayed that respondent No. 1 be directed to decide the petitioner's representation dated 20.5.1991, Annexure-4 to the petition and that a writ of certiorari be issued quashing the order dated 13.5.1994, Annexure-6 to the petition passed by the respondent No. 1. Admittedly, the college in question is governed by the provisions of U. P. Intermediate Education Act and the Payment of Salary to the Teacher and other Employees Act, 1971.

(3.) According to the petitioner, he was appointed as an Assistant Teacher in L. T. grade on a sanctioned post under the resolution of the Committee of Management dated 30.6.1991 and in pursuance of the same, he was issued an appointment letter on 1.7.1991 and he joined the duty on the same day. On 5.7.1991 the Manger of the Institution submitted papers before the respondent No. 1 for according financial approval. The question of approval remained pending before the respondent No. 1 and when no final decision was taken, the petitioner filed writ petition before this Court which was disposed of on 20.10.1992 and respondent No. 1 was directed to decide the question of payment of salary to the petitioner within a specified time. Thereafter the respondent No. 1 by his order dated 13.5.1994 (Annexure-6 to the writ petition) rejected the petitioner's representation and refused to accord approval to his appointment on the ground that the alleged appointment of the petitioner was not made against any sanctioned post and, therefore, he could not be paid salary under the Payment of Salaries Act of 1971.