FAGGUN JAMADAR Vs. DISTRICT INSPECTOR OF SCHOOLS FATEHPUR

JUDGEMENT

(1.) The petitioner was appointed as sweeper in the institution on 1.7.1973. His services were regularised by an order dated 22.4.1992 passed by the District Inspector of Schools. He was also given salary from April, 1991 to January. 1992 for ten months. Thereafter another District Inspector of Schools by his order dated 6.10.1992 refused salary to the petitioner on the ground that when the petitioner became continuous appointed in 1990, his age was 51 years 4 months, therefore, he become overage for regularisation. The petitioner has challenged the order of the District Inspector of Schools dated 6.10.1992 by means of the instant writ petition.

(2.) Heard Sri S.K. Pal learned counsel for the petitioner and Sri S.N. Srivastava, learned Standing Counsel appearing for respondent no.1 and Sri Prem Prakash Tewari, learned counsel appearing for respondent no.2

(3.) The District Inspector of Schools in his order dated 22.4.1992 found that the petitioner was appointed from 1.7.1973 and was entitled for salary. The subsequent District Inspector of Schools by his order dated 6.10.92 refused to pay salary as he was of the opinion that continuous service of the petitioner started from 2.7.90 therefore, he could not be regularised on 22.4.92 as he had become overage. For coming to finding that the petitioner's service started on 2.7.90 he has mentioned various dates and examined the record and found that the petitioner was appointed in 1981 and he was not regular. In paragraph 7 of the counter affidavit it is admitted that no opportunity of hearing to the petitioner was considered necessary by the District Inspector of Schools as he had examined the records of the institution . The District Inspector of Schools also held that the appointment of the petitioner in 1973 was fictitious.