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2023 DIGILAW 1218 (ALL)

Anand Prakash Gupta v. Mahadeo Prasad Inter College Pratapgarh

2023-05-02

ALOK MATHUR

body2023
JUDGMENT : 1. Heard Sri Jay Prakash Mishra, Advocate holding brief of Sri Manish Mehrotra, learned counsel for petitioner as well as learned Standing Counsel for respondents. 2. By means of the present writ petition, the petitioner has approached this Court seeking a writ of mandamus commanding opposite parties to consider the case of the petitioner for regularisation and for payment of his salary and a further direction to the opposite parties to pay his dues and other benefits since his appointment. 3. According to the petitioner, Mahadeo Prasad Inter College, Mahdeopur Nagar, District -Pratapgarh, is a recognized institution under the provisions of U.P. Intermediate And Education Act, 1921. The said institution is engaged in imparting education upto intermediate level and the affairs of the institution is being run and managed by a Committee of Management in accordance with the scheme of administration, framed under Section 16-A of the U.P. Intermediate And Education Act, 1921. 4. It has further been stated that the said institution is in the grant in aid list of the State Government and the provisions of U.P. High School and Intermediate colleges (Payment of Salaries Teachers and other Employees) Act, 1971 is applicable to the said institution. 5. The petitioner applied for the post of Clerk on 19.04.1998 and after due process, a resolution was passed on 27.12.1998 appointing him on the post of Assistant Clerk. It is further stated that petitioner has been continuously working on the said post but his grievances was that he was not received his salary as per the terms of his appointment. 6. It has further been stated that his proposal for approval of his appointment has been regularly pursued by the Management of the Committee of Management but has not been approved by the District Inspector of Schools. Even his claim for regularisation was not considered by the respondent and accordingly present writ petition was filed before this Court. 7. As an interim measure, this Court by means of order dated 23.09.2002 had passed the following order:- "Heard. Admit. Issue notice to the opposite parties No. 1 and 2. The petition's claim is that he has been working as clerk in Mahadeo Prasad Inter College, mahadeopur for the last four years. 7. As an interim measure, this Court by means of order dated 23.09.2002 had passed the following order:- "Heard. Admit. Issue notice to the opposite parties No. 1 and 2. The petition's claim is that he has been working as clerk in Mahadeo Prasad Inter College, mahadeopur for the last four years. His selection was duly made by the Committee of Management of the said institution and as recommendation for approval of his name was duly submitted to the District Inspector of Schools. No decision has yet been taken in his case and ever since he has not been paid his monthly salary. Considering all these averments of the petitioner, it is provided that the District Inspector of Schools shall scrutinise the petitioner's representation regarding his approval and payment of his salary by 31st October, 2002 and in the meantime, his salary including the arrears shall also be paid by the Committee of Management, subject to its reimbursement by way of budgetary grant to be sanctioned by the opposite party No. 3. Until the next date of listing, the petitioner's status shall not be disturbed." 8. Learned counsel for petitioner submits that in terms of interim order, the petitioner has been working on the post of Assistant Clerk and as per direction of this Court dated 23.09.2002, the District Inspector of Schools, Pratapgarh has passed an order dated 24.03.2003 which has been annexed by the petitioner along with supplementary affidavit. 9. In the said order, it has been recorded that Committee of Management of the said institution had without following any of the provisions or the rules has promoted the petitioner to the post of Head Clerk by its resolution dated 17.12.2000 and the same was clearly dehors the rules. While passing the said order, the DIOS, Pratapgarh has also approved the salary of the petitioner w.e.f. 01.02.2003 onwards and a clear stipulation has been made that prior to the said date, the petitioner has not been entitled of salary and other benefits from the State. 10. Learned counsel for petitioner submits that he has no grievance with the order daed 24.03.2003 and since passing of the order, he is regularly getting his salary from the State. 11. 10. Learned counsel for petitioner submits that he has no grievance with the order daed 24.03.2003 and since passing of the order, he is regularly getting his salary from the State. 11. Considering that in pursuance of the directions of this Court, the respondents have duly considered the appointment of the petitioner and approved the same w.e.f. 01.02.2003 and the said order has attained finality and has not been challenged by any other person 12. Learned Standing Counsel does not dispute the aforesaid facts. 13. Accordingly with regard to the petitioner, this writ petition is disposed of in terms of the order dated 24.03.2003 passed by District Inspector of Schools, Pratapgarh.