STATE OF U.P. Vs. RAMESH SINGH

JUDGEMENT

(1.) The instant appeal has been filed for correctness of the order dated 01.09.2004 passed by the learned Single Judge in Writ Petition Service Single No.1400 of 1993 (Ramesh Singh vs. State of U.P. and others), by which the learned Single Judge has allowed the writ petition with direction to appellant to make payment of salary as well as arrears of salary to the respondent/writ petitioner in L.T. Grade from the date of his respective appointment within a period of three months.

(2.) Briefly stated the facts are that the college namely Dr. Ram Manohar Lohia Inter College, Semri, Faizabad ('college' for short) is a recognized college from the Board of High School and Intermediate Education, U.P., Allahabad and is governed by the provisions of the U.P. intermediate Education Act, 1921; U.P. Secondary Education Services Commission and Selection Board Act 1982; and U.P. High School and Intermediate College (Payment of Salaries of Teachers and other Employees, Act of 1971. The recognition upto High School was granted by the Board on 13.07.1977 in six subjects i.e. in Hindi, Sanskrit, English, Maths, Geography and Economics in Literary Group. Further, on 02.08.1984, recognition in seven subjects i.e. Hindi, English/Sanskrit, Math, Science, Social Science, Biology, Moral and Physical Science in Science Group. In pursuance to recognition, the District of Inspector of Schools Faizabad granted permission to start the classes vide orders dated 11.07.1978 and 10.04.1986 and the same are being regularly held since then in all ten subjects.

(3.) The respondent/writ petitioner was appointed on 01.07.1989 by the Committee of Management of the 'college' for teaching English and Social Science in High School Classes in L. T. Grade but the appointment of the writ petitioner was made on ad-hoc basis in science group. The recognition by the 'Board' in intermediate classes for teaching six subjects was given through order dated 17.07.1991 in Hindi, English, Sanskrit, Geography, and Economics and Education for the session for the year 1991 and in pursuance to recognition granted by the Board, the District Inspectors of Schools, Faizabad granted permission to start classes by his order dated 21.08.1991. After the recognition granted to the 'college', the petitioner was further appointed as part time teacher in intermediate classes under the provisions of sub-clause (VI) of section 7-AA of the Act of 1921 read with section 7-AB.