Prakash Dwivedi v. District Inspector of Schools, Banda
1987-03-19
R.P.SINGH, S.K.DHAON
body1987
DigiLaw.ai
JUDGMENT S.K. Dhaon and R.P. Singh, JJ. - The principal prayer is that the District Inspector of Schools, Banda may be directed to treat the petitioner as a teacher in the L. T. grade in the D. A. V. Intermediate College, Banda, pay him past salary and also the salary in future. 2. The averments are these - With the approval of the District Inspector of Schools, the petitioner was appointed as a teacher on ad-hoc basis, under Section 18 of the Uttar Pradesh Secondary Education Services Commission and Selection Boards Act, 1982 (hereinafter referred to as the Act). This appointment was to ensure till 20-5-1986 or till a regular appointment was made after the recommedalion of the Selection Commission which ever eventuality occurred first. The petitioner started teaching in the Institution from 1st March, 1986. The District Inspector of Schools stopped payment of salary to the petitioner from 21-5-1986 on the ground that his appointment came to an end on 20-5-1986. However, the Management continued to take work from the petitioner and recognised him as a teacher. No teacher has yet been selected by the Commission. Therefore, the question of Selection of the Commission having joined on the post held by the petitioner does not arise. The District Inspector of Schools refused to approve the proposal of the Management that the petitioner should be allowed to continue as a teacher on or after i'l-5-1986. Consequently he has stopped the payment of the salary to the petitioner. 3. We have heard the learned standing counsel in opposition to the writ petition. 4. In view of the decisions of this court, the following position has emerged : - The petitioner is entitled to be treated as a teacher on ad-hoc basis and is also entitled to be paid his salary regularly, if the following conditions subsists - (1) The service of the petitioner has not been terminated in accordance with law. (2) No selection of a teacher for the post held by the petitioner has been made by the commission and even if the selection has been made, the person so selected has not joined on the post held by the petitioner. (3) No teacher from amongst the reserve pool category has been appointed on the post held the petitioner. 5.
(2) No selection of a teacher for the post held by the petitioner has been made by the commission and even if the selection has been made, the person so selected has not joined on the post held by the petitioner. (3) No teacher from amongst the reserve pool category has been appointed on the post held the petitioner. 5. The District Inspector of Schools shall re-consider the case of the petitioner for the payment of his salary in the light of the observations made above. If the District Inspector of Schools comes to this conclusion that the aforementioned conditions exist, he shall direct payment of the past salary to the petitioner and also continue to pay his salary month by month. The District Inspector of Schools shall give his decision within a period of one month from the date of production of a certified copy of this order before him. 6. With these directions, the writ petition is disposed of finally. 7. A copy of this order may be given to the learned counsel for the petitioner on payment of usual charges, within 48 hours.