Court No. - 18
Case :- WRIT - A No. - 9091 of 2018 Petitioner :- Balveer Singh Verma Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Bheem Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner is before this Court for a direction to District Inspector of Schools concerned to consider his representation for grant of financial approval to his appointment on the post of Assistant Teacher in the institution in question and to pass appropriate order in respect of payment of salary within stipulated time.
At the very outset, learned counsel for the petitioner has placed reliance on the Division Bench judgement of this Court in Daya Shanker Mishra vs. District Inspector of Schools and others 2011 (1) ESC 221 (All) (DB). The aforesaid Bench was constituted in terms of the order of learned Single Judge dated 7.7.2006, wherein he had formulated following two questions to be decided by a Larger Bench:-
"(i) Whether after rescission of U.P. Secondary Education Services Commission (Removal of Difficulties) (Second) Order, 1981 with effect from 25.1.1999, the Committee of Management can make temporary / ad hoc appointment on short term vacancies resorting to its power given under Chapter-II, Regulation 9 and Section 16-E(11) of the U.P. Intermediate Education Act, 1921 despite the provisions of Section 16(1) of the U.P. Secondary Education (Services Selection Boards) Act, 1982?
(ii) Whether the judgment of learned Single Judge in Rakesh Chandra Misra Vs. State of U.P. and others; (2004) 3 UPLBEC 2671, lays down correct law?"
The aforesaid questions were answered by the Division Bench of this Court in paragraph-36 of the aforesaid judgement, which reads as under:-
"36. In view of the discussions made above, in our considered opinion the management has the power to make ad hoc appointments on short term vacancies under the provisions of 1921 Act and the Regulations framed thereunder and the judgment in the case of Rakesh Chandra Misra (supra) lays down the correct law.
Both the questions are thus answered in the affirmative."
Learned counsel for the petitioner in support of his submission has also placed reliance on the order of this Court dated 1.10.2015 passed in Writ A No.54009 of 2015 (Ram Ji Dwivedi vs. State of UP and 3 others), which was disposed of by this Court, relying upon the Full Bench judgement of this Court dated 22.7.2015 in Special Appeal Defective No. 215 of 2015 (Santosh Kumar Singh Vs. State of U.P. & others). He submits that in the Full Bench decision the question was formulated "whether under Section 16-E of the Intermediate Education Act, 1921, there is a power with the Committee of Management to make ad-hoc appointment against short term vacancies and if so then for what period". The same has been answered by the Full Bench with the following observations:-
"(c) Under Section 16-E of the Intermediate Education Act, 1921, the Committee of Management is empowered to make an appointment against a temporary vacancy caused by the grant of leave to an incumbent for a period not exceeding six months or in the case of death, termination or otherwise, of an incumbent occurring during an educational session. An appointment made under sub-section (11) of Section 16-E as provided in the proviso thereto shall, in any case, not continue beyond the end of educational session during which the appointment was made."
In this backdrop, learned counsel for the petitioner submits that the petitioner was also appointed in the institution in question against the short term vacancy and his claim is also liable to be considered in terms of the aforesaid judgement.
Learned Additional Chief Standing Counsel for the respondents has no objection to the said prayer.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the District Inspector of Schools, Hapur to take final call in the matter after taking necessary comments from the Committee of Management of the institution in question, in terms of the judgement in Daya Shanker Mishra (Supra), Ram Ji Dwivedi (Supra) and Santosh Kumar Singh (Supra) within a period of two months from the date of production of a certified copy of this order before him.
Order Date :- 30.3.2018 SP/