Court No. - 18
Case :- WRIT - A No. - 7847 of 2018 Petitioner :- C/M Of Mahatma Gandhi Balika Primary Pathshala and another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Mohd. Shamim,Gautam,Sr. Advocate P.N. Saxena Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri P.N. Saxena, Senior Advocate assisted by Mohd. Shamim, appearing for the petitioners; learned Additional Chief Standing Counsel for the State respondents as well as Shri A.K. Yadav, learned counsel appearing for the District Basic Education Officer, Mathura.
Committee of Management of Mahatma Gandhi Balika Primary Pathshala Nagla Khutiya Hayatpur, Mathura through its Manager Bhagwati Prasad, is before this Court assailing the order impugned dated 16.1.2018 passed by the second respondent, Director, Social Welfare Department, U.P. Lucknow and for direction commanding the second respondent for ensuring payment of salary of the Assistant Teachers of the institution in question in the light of financial approval so accorded by the State Government on 30.12.2016.
Record in question reflects that the institution in question is a recognized and aided institution. It is being run under the control and supervision of the Social Welfare Department of the State. The District Social Welfare Officer concerned is the disbursing authority for payment of salary to teaching and non- teaching staff of said institution. On 25.9.2008 the second petitioner sought permission from the District Social Welfare Officer, Mathura for making appointment on one vacant post of Assistant Teacher in the said institution and the permission was accorded by the fourth respondent on the same date i.e. 25.9.2008. Thereafter, an advertisement was published in widely circulated Hindi newspapers on 29.9.2008. Pursuant thereto, 63 incumbents participated in the said selection. It is stated that one Prem Chand was found suitable and selected on the post of Assistant Teacher in the institution. Consequently, the District Basic Education Officer, Mathura vide his order dated 24.12.2008 granted approval on the said post with condition, that in case the selected candidate does not join on the said post, then second and third incumbents placed in the waiting list, namely Man Mohan Singh and Pravendra Singh Sagar, shall be appointed. Thereafter, an appointment letter was issued to Prem Chandra on 26.12.2008 but he did not submit his joining on the said post and by letter dated 15.2.2009 he expressed his unwillingness to join on the said post. Meanwhile, another teacher namely Mahi Pal had died on 31.10.2009. Consequently, the second petitioner issued appointment letters on 28.11.2009 in favour of Man Mohan Singh and Pravendra Singh Sagar on the post of Assistant Teachers in the said institution. In pursuance thereof, they joined the said posts and since then, they are continuously working in the institution in question. Consequently, the Deputy Secretary, Government of UP, Lucknow granted financial approval to the appointment of Man Mohan Singh and Pravendra Singh Sagar on 30.12.2016.
Shri P.N. Saxena, Senior Advocate appearing for the petitioner submits that the appointment of teachers in the institution has been done in accordance with the Uttar Pradesh Recognized Basic Schools (Recruitment and Conditions of Service of Teachers and Other Conditions) Rules, 1975. After grant of aforesaid financial approval by the first respondent, a frivolous complaint was made in the name of Shri Dan Bihari Goswami dated 23.1.2017, alleging that the financial approval has been obtained by the first petitioner on the basis of forged documents. On the said complaint, the respondent nos.2 and 6 vide letters dated 8.2.2017 and 20.4.2017 directed the respondent no.5 to conduct an enquiry in respect of the aforesaid appointments in the said institution. The respondent no.5 submitted his report on 22.5.2017 before the respondent nos.4 and 6. The earlier order has been passed by the State Government on 30.12.2016, by which financial approval has already been accorded to the appointments of Man Mohan Singh and Pravendra Singh Sagar. Now by the impugned order, which has been passed by the Director, Social Welfare Department, Lucknow, the said financial approval has been cancelled. He precisely submits that once the State Government has already proceeded to pass a detailed order on 30.12.2016 according financial approval to the said appointments on the basis of comments of District Basic Education Officer as well as Deputy Director of Social Welfare, Agra, then in such situation as per business rules the Director, Social Welfare Department, U.P. Lucknow is incompetent to cancel or recall the financial approval, which has been accorded by the State Government. The request has been made that the order impugned is unsustainable and the same is liable to be set aside.
On the other hand, learned Additional Chief Standing Counsel has vehemently opposed the writ petition by submitting that once the complaint has been made in the matter then the Director of Social Welfare Department has every authority to re-visit in the matter and take cognizance on the complaint. The order impugned is strictly in accordance with law, whereas the department has every right to look the interest of the department. Once the financial approval has already been granted by the State Government on 30.12.2016, then definitely the Director, Social Welfare Department has every right to see the veracity of the complaint so made. The writ petition is liable to be dismissed.
In the aforesaid facts and circumstances, this Court is of the considered opinion that the financial approval has already been accorded by the State Government on 30.12.2016 to the appointments of the Assistant Teachers of the institution in question. In case, there was any complaint before the Director, Social Welfare Department, U.P. Lucknow, then it was incumbent upon him to inform the State Government and apprise the correct facts but he did not have any authority to proceed straightaway ex-parte against the petitioners as well as incumbents in whose favour the financial approval has been accorded by the State Government on 30.12.2016.
In view of this, the impugned order dated 16.1.2018 cannot sustain and the same is set aside.
Consequently, the writ petition is allowed and the matter is remanded back to the Secretary, Social Welfare Department, U.P. Lucknow to proceed strictly in accordance with law, taking cognizance of the earlier financial approval so accorded on 30.12.2016 and in case, there is any complaint in the matter, then definitely the first respondent would be at liberty to take comments in the matter from the Director, Social Welfare Department, U.P. Lucknow and decide the same strictly in accordance with law, after affording opportunity of hearing to all the stake holders in the matter within a period of three months from the date of production of certified copy of this order.
Order Date :- 28.3.2018 RKP