Court No. - 39
Case :- WRIT - A No. - 13580 of 2018 Petitioner :- Dr. Diwakar Patel Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C.,Alok Mishra,K.R. Singh Jadaun & Case :- WRIT - A No. - 42850 of 2017 Petitioner :- Pramod Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Mishra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Jayant Banerji,J.
Personal affidavits of Preeti Gautam, Director, Higher Education, Hem Prakash, Principal, D.S. Degree College, Aligarh and Rajeev Agrawal, Secretary, Committee of Management, D.S. Degree College have been filed. All affidavits are taken on record.
They are also present in person in the court today. Their presence for future is dispensed with unless required by the Court.
Sri Pankaj Agrawal files Vakalatnama on behalf of respondent no. 3-Secretary, Committee of Management, D.S. Degree College, Aligarh of W. P. No. 42850 of 2017 as well as on behalf of respondents 6 & 7 of W.P. No. 13580 of 2018, Principal, Dharm Samaj Degree College, Aligarh and Manager Dharm Samaj Degree College, Aligarh, U.P, respectively. The same are taken on record.
Heard Dr. Diwakar Patel, in person, Sri Vachaspati holding brief of Sri Alok Mishra, counsel for the respondent no. 8 of W.P. No. 13580 of 2018 and petitioner of connected W.P. No. 42850 of 2017 informs that Sri Alok Misra is appearing before the Supreme Court today although an illness of Sri Alok Misra is marked in the cause list.
The petitioner in the writ petition is seeking two reliefs the first relief claimed is for a direction to the respondents to adjust the respondent no. 8, Pramod Kumar Singh against the substantive vacant post of Military Science Department in the Dharm Samaj Degree College, Aligarh. The second relief is for quashing the order dated 20.12.2017 whereby it was directed that leaving aside the claim of the petitioner for salary, the salary of the other teachers and non-teaching staff be released.
Briefly stated the facts are that Pramod Kuamr Singh has filed his own writ petition no. 42850 of 2017 which is connected with this writ petition in which he has prayed for quashing of the placement order dated 18.8.2017 whereby Dr. Diwakar Patel was posted in the Dharm Samaj Degree College, Aligarh.
At the time of admission on 13.10.2017 the Court had directed that in the meantime the respondents shall not interfere with the working of the petitioner (Pramod Kumar Singh) on Honorarium basis as Assistant Professor, Military Science at D.S. College, Aligarh. The case of Pramod Kumar Singh is that he was appointed on honorarium basis in the college in question vide order dated 2/3.2.2006 as stated in para 6 of his writ petition. It is further stated that thereafter posts of Lecturers/Assistant Professor were advertised for different aided colleges. The case of Dr. Diwakar Patel, on the other hand, is that he is a duly selected candidate through the Commission and he was allotted the D. S. Degree College, Aligarh. The contention of the respondents on the other hand is that the petitioner Dr. Diwakar Patel was appointed in the OBC category and because there were two OBC posts and the persons were working in the D.S Degree College already, therefore, the petitioner had been adjusted to another college. The contention of Dr. Diwakar Patel on the other hand is that the other candidate Pramod Kumar Singh is not eligible for appointment at all.
On 7.6.2018 the previous Bench of this Court had, noting the facts of the case, permitted the petitioner to move a representation for adjustment before the Director, Higher Education who in turn was directed to decide the representation so that the petitioner, Dr. Diwakar Patel, a candidate selected through the Commission and working at the College in question, is not deprived of his legitimate claim for salary.
When no order was passed by the Director, Higher Education with regard to adjustment of the petitioner and payment of salary, the Court directed the Director as well as the Principal and Secretary of the College in question to appear before the Court.
In the personal affidavit filed today by Preeti Gautam, Director, Higher Education who is also present in the Court it has been stated that a sum of Rs. 2,83,235/- towards arrears of salary has already been deposited through e-banking in the salary account of Dr. Diwakar Patel. The relevant annexure has been filed at page 15 of the affidavit. This is not disputed by Dr. Diwakar Patel. It is also stated in Paragraph 15 of the affidavit that the matter regarding allotment of college to the petitioner and his adjustment in another college in the category for which he has been selected for appointment in Military Science is under consideration before the State Government.
Since Dr. Diwakar Patel is also disputing the eligibility of Pramod Kumar Singh, petitioner in the connected writ petition we, therefore, dispose of both the writ petitions with a direction to the respondent no. 2-Principal Secretary, Higher Education, Government of U.P., Lucknow to take a decision in regard to both the issues, i.e. Dr. Diwakar Patel's posting and the eligibility of Pramod Kumar Singh and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a certified copy of this order in his office.
We also direct the respondent no. 2 to give opportunity of hearing to Dr. Diwakar Patel as well as Pramod Kumar Singh before any order is passed.
The order impugned in the two writ petitions shall be subject to any final order which may be passed by the respondent no. 2.
We further direct that till appropriate order is passed by the respondent no. 2, the petitioner Dr. Diwakar Patel shall be entitled to salary month to month.
We also direct that the interim order granted in the writ petition of Pramod Kumar Singh on 13.10.2018 shall remain in operation and shall be subject to any order that may be passed by the Respondent No. 2.
Order Date :- 23.8.2018 Vandana