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Allahabad High Court · body

1981 DIGILAW 675 (ALL)

Ramesh Misra v. State of U. P

1981-08-14

K.C.AGARWAL, V.K.KHANNA

body1981
JUDGMENT K.C. Agarwal, J. - The petitioners are the teachers in Gautam Inter College, Pipra Ramdhar, district Deoria. The College is an institution recognised by the Board of High School and Intermediate Education. 2. On the two posts in C.T. Grade falling vacant, the Committee of Management passed a resolution regularising the appointments of the petitioners on substantive basis. On these posts, the two petitioners were previously working on ad hoc basis. According to the petitioners, the District Inspector of School accorded his approval to the resolution on 1-6-1979. He, however, directed that the petitioners appointments were temporary and would continue till permanent arrangements were made. The petitioner claimed that they had been working as teachers in C.T. Grade as against clear vacancies, but were not being paid their salaries to which they were entitled to. The assertion was that their names had teen included in the names of the teachers submitted to the District Inspector of Schools. As despite repeated representations to the Manager as well as to the District Inspector of Schools and Deputy Director of Education VII Region, Gorakhpur the petitioners had not been paid the salaries, therefore, they had to approach this Court by means of the present petition for issue of writ of Mandamus directing the District Inspector of Schools and the State of Uttar Pradesh for payment of salaries to them. 3. In the counter-affidavit filed on behalf of the District Inspector of Schools, the petitioners assertion that they had been appointed as against the clear vacancies, had been denied. The District Inspector of Schools alleged that the appointments were purely on temporary basis and expired on 20th May, 1979. Thereafter, there was no provision to continue the services of the petitioners without obtaining the sanction of the District Inspector of Schools. About the resolution passed by the Committee of Management, the District Inspector of Schools pleaded that he had not received any such resolution which has been talked of in the writ petition. The District Inspector of Schools further stated that the services of the petitioners could not be regularised under the provisions of U.P. Intermediate Education Act and the Regulations framed thereunder. On these pleas, the claim of the petitioners has been repelled. 4. The District Inspector of Schools further stated that the services of the petitioners could not be regularised under the provisions of U.P. Intermediate Education Act and the Regulations framed thereunder. On these pleas, the claim of the petitioners has been repelled. 4. In the rejoinder affidavit, filed on behalf of the petitioners, the claim has been reasserted and it has been mainly stated that the appointments of the petitioners since had been approved, they were entitled to their salaries. 5. After hearing counsel for the petitioners, and of the State, we are of opinion that the petitioners were entitled to a decision on the representations made for payment of their salaries to the District Inspector of Schools. Without going into the merits of the respective version of the parties, we are of opinion that the interest of justice requires giving of a direction to the District Inspector of Schools to consider the representations on merits after taking such evidence as may be necessary for deciding the controversy from both the sides and the committee of Management, and to decide the same. 6. Since we have not examined the merits of the case of the petitioners, we do not wish to be read in between the lines of this judgment that we have accepted the claim of the petitioners. It will be open to the District Inspector of Schools to consider the same. 7. In the result, the writ petition succeeds and is allowed. As the matter is pending since long, we direct the District Inspector of Schools to decide the representations of the petitioners within two months from today. No order as to costs.