HARI PRASAD SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) THERE is a society called Allahabad Polytechnic Society, Allahabad (the Society ). It is registered under the Societies Registration Act. The office bearers and members of its executive are ex-officio Government servants or nominated by the Government. It is not disputed that it is State within the meaning of Article 12 of the constitution. It runs a institute calls Institute of Engineering and Rural technology (IERT ). The salaries for the teachers and employees of the IERT are given by the State Government.

(2.) THE petitioners in the present writ petition are teachers/instructors at the IERT. They have been appointed on different posts on different dates. Amongst the petitioners, the persons who was appointed earliest is, Sri virendra Singh Rathor, who was appointed on 12. 7. 1978 and the person who was appointed last is Sri Nazibul Hassan, who was appointed on 8. 2. 1988. They continued to receive their salary since their appointment without any objection. In the month of June, 1998 the salaries of the teachers/instructors were stopped. Thereafter, the Director of Technical Education passed an order on 10,8. 1998. By this order the appointment of 33 teachers was approved; the appointment of eleven was disapproved and in two cases the matter was referred to the State Government. By the subsequent order dated 1. 9. 1998, he further approved appointment of three more persons and the appointment of 10 persons remain unapproved.

(3.) THE Commissioner, Allahabad was the authorised controller of the institute. He made a representation to the State Government on 15. 1. 1999 for granting approval to the appointment of the teachers who were not approved. This was declined by the State Government on 20. 1. 1999 stating therein that there is no mistake in the order of the Director dated 10. 8. 1998 and in case any further representation is to be made, it should be first filed before the Director technical Education. Thereafter the authorised controller again representation before the Director on 3. 2. 1999. This has been rejected on 5. 2. 1999. Out of these 10 persons, 8 have filed the present writ petitions.