Court No. - 43
Case :- WRIT - A No. - 35867 of 2014 Petitioner :- C/M Adarsh Inter College And Another Respondent :- State Of U.P. Thru Secy. And 2 Others Counsel for Petitioner :- Santosh Kumar Srivastava,Smt. Alka Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the State Government dated 22.2.2013, whereby the sanctioned strength of teaching and non-teaching staff in Adarsh Inter College, Daula, Baghpat has been determined for the purposes of payment of salary to be extended to teaching and non-teaching staff of the institution. As per the determination made by the State Government a total number of 18 posts have been sanctioned in the institution consisting of one post of Principal, eleven posts of Assistant Teacher, one post of Head Clerk and five posts of class IV employee. This determination apparently has been made on the basis of last salary bill submitted in respect of teaching and non-teaching staff prior to the institution being taken on aid.
This determination is challenged on the ground that actual strength of students is much more and that number of teaching and non-teaching posts were sanctioned in the institution.
Affidavits have been exchanged between the parties.
I have heard Sri S. K. Srivastava, learned counsel for the petitioner and Sri Satyam Singh, learned Standing Counsel for the State authorities and have perused the materials brought on record.
Although determination of teaching and non-teaching staff has been assailed in the petition, but there is absolutely no basis disclosed in this petition for challenging such determination. Petitioner has neither brought on record any order sanctioning posts in the institution over and above what has been sanctioned by the State, nor the last salary bill has been annexed to show that teaching and non-teaching staff in excess of number of posts sanctioned were working in the institution. Unless the petitioner can demonstrate that either more number of posts were sanctioned or more number of staff was receiving salary, there would be no reason for this Court to interfere with the determination of sanctioned strength of teaching and non-
teaching staff. Onus is upon the petitioner to show that more number of posts have been sanctioned, but such onus has not been discharged.
In that view of the matter, this Court is not inclined to interfere with the matter. Writ petition, accordingly, fails and is dismissed.
Order Date :- 29.4.2019 Ashok Kr.