Hon'ble Ashok Pal Singh,J.
( By Hon'ble Rakesh Tiwari,J.) Heard learned counsel for the parties.
This writ petition challenges the validity and correctness of the order dated 07.12.2006 passed by the Secretary, Higher Education, Anubhag-6, U.P., Lucknow.
The impugned order has been passed pursuant to a direction issued by the High Court dated 05.12.2005 in writ petition no. 73948 of 2005 ( Dr. Shashi Jaiswal Vs. State of U.P. through its Secretary, Higher Education Department of U.P. and others). The aforesaid writ petition was disposed of with a direction to respondent no.2, the Secretary Higher Education to decide the matter regarding financial approval for the post of Lecturer (Sociology) keeping in view the letter dated 22.04.1996 in accordance with law by reasoned and speaking order within a period of two months, from the date, a certified copy of the order is produced before him. On receipt of the certified copy of the order, the matter was considered by the authority who vide its order dated 07.12.2006 passed the following order directing that a policy decision has been taken by the State Government for not providing financial assistance to any private and unaided institution where new subjects(s) are introduced for teaching and the teachers appointed for teaching, the new subject would be paid remuneration/salary by the committee of management of such institutions themselves as new posts shall not be created by the State for appointment of teachers for teaching new subject(s) introduced by the College and that in case such a post is created on a future date, the State Government shall pay the salary of teachers on the posts so created by it. For ready reference the said order dated 07.12.2006 is reproduced as below:
" mRrj izns'k 'kklu mPp f'k{kk vuqHkkx & 6 la[;k& 5512 @ lRrj&6&2006&100 (28) 2006 y[kum % fnukad% 07 fnlEcj] 2006 dk;Zky;&Kki fjV ;kfpdk la[;k&[email protected] Mk0 (dq0) 'kf'k tk;loky cuke mRrj izns'k ljdkj }kjk lfpo] mPp f'k{kk foHkkx] mRrj izns'k 'kklu o vU; esa ek0 mPp U;k;ky; }kjk fnukad 5&12&2005 dks mDr fjV ;kfpdk dks vfUre :i ls fuLrkfjr djrs gq, ;g fu.kZ;kns'k ikfjr fd;k x;k gS fd voSrfud lfpo] desVh vkQ eSustesaV jktf"kZ V.Mu efgyk egkfo|ky;] bykgkckn (izfroknh la[;k&6) ds i= fnukad 22&4&1996 tks izoDrk lekt'kkL= ds in dks vuqnku ij fy;s tkus gsrq foRrh; Lohd`fr iznku fd;s tkus ds lEcU/k esa gS] ij jkT; ljdkj (izfroknh la[;k&01) fu;ekuqlkj rdZiw.kZ ,oa eq[kfjr vkns'k }kjk nks ekg ds Hkhrj vafre fu.kZ; ys ysaA 2& ek0 mPp U;k;ky; ds mDr vkns'kksa ds vuqikyu esa ;kph ds izR;kosnu] fofu;ferhdj.k vkns'k fnukad% 30&6&2005 o iz'uxr izdj.k esa funs'kd] mPp f'k{kk ls izkIr vfHkys[kksa ij fopkj fd;k x;kA mDr vfHkys[kksa ds vuq'khyu ds i'pkr ;g Kkr gqvk fd iz'uxr i= fnukad 22&4&1996 lanfHkZr egkfo|ky; ds voSrfud lfpo] desVh vkQ eSustesaV dk u gksdj egkfo|ky; dh rRdkyhu izkpk;Zk dk gS rFkk mDr i= izoDrk lekt'kkL= dk in vuqnku ij fy;s tkus gsrq foRrh; Lohd`fr iznku fd;s tkus ls lEcfU/kr u gksdj ek= lekt'kkL= ,oa n'kZu'kkL= fo"k; ds lapkyu gsrq jkT; ljdkj }kjk vukifRr iznku fd;s tkus ds lEcU/k esa gSA 3& vr,o lEcfU/kr egkfo|ky; dh rRdkyhu izkpk;Zk ds i= fnukad 22&4&1996 ds ifjizs{; esa ek0 mPp U;k;ky; ds vkns'kksa ds vuqikyu esa 'kklukns'k la[;k&[email protected]&6&2006&100(28)2006] fnukad 14&11&2006 }kjk lanHkZxr egkfo|ky; dks Lukrd Lrj ij dyk ladk; ds vUrxZr lekt'kkL= fo"k; esa 'kSf{kd l= 1996&97 ls vukifRr iznku dj nh x;h gSA 4& mDr lEcU/k esa ;g mYys[kuh; gS fd funs'kd] mPp f'k{kk ds vkns'k la[;k&fMxzh vFkZ&[email protected]&[email protected]&06] fnukad 30&6&2005 }kjk ;kph dks fo'ofoky; }kjk uohu lEc)rk ds vUrxZr miyC/k in ds izfr bl 'krZ ds lkFk fofu;fer fd;k x;k gS fd fofu;fer f'k{kd dks osru Hkqxrku osru lank; gsrq in l`ftr gksus rd egkfo|ky; izcU/kra= }kjk vius Jksrksa ls fd;k tk;sxk vkSj in l`tu gksus dh frfFk ds i'pkr ls osru lank; [kkrs ls osru ns; gksxkA 5& ;kph gsrq in l`tu ds lEcU/k esa lwP; gS fd 'kklukns'k la[;k&[email protected] lRrj&6&2000&[email protected]] fnukad 21&8&2000 o 1560(1)@lRrj&6&2000&[email protected]] fnukad 30&8&2000 }kjk Hkfo"; esa fdlh Hkh vukuqnkfur v'kkldh; egkfo|ky;ksa esa u;s&fo"k; [kksyus ij vko';d f'k{[email protected] f'k{k.ksRrj deZpkfj;ksa ds osru ds fy, jkT; ljdkj }kjk fdlh Hkh :i esa dksbZ Hkh foRrh; lgk;rk iznku u fd;s tkus dk uhfrxr fu.kZ; fy;k x;k gSA blds vfrfjDr izns'k dh vFkksZik; dh dfBu fLFkfr dks ns[krs gq,] 'kklukns'k la[;k&[email protected]&6&2003] fnukad 26&3&2003 }kjk Nk= la[;k o`f) ds vk/kkj ij u;s in l`ftr u fd;s tkus dk Hkh fu.kZ; fy;k x;k gSA bu rF;ksa ds ifjizs{; esa Mk0 (dq0) 'kf'k tk;loky dks jkT; ljdkj ds osru lank; ls osru fn;k tkuk ,oa Mk0 tk;loky ds fy, in l`ftr fd;k tkuk lEHko ugha gSA 6& mDrkuqlkj fjV ;kfpdk la[;k&[email protected] Mk0 (dq0) 'kf'k tk;loky cuke mRrj izns'k ljdkj o vU; esa ek0 mPp U;k;ky; }kjk ikfjr vkns'k fnukad 5&12&2005 dks ,rn~}kjk fuLrkfjr fd;k tkrk gSA 7& Mk0 tk;loky dks egkfo|ky; esa v/;kid dk;Z fd;s tkus dh fLFkfr esa egkfo|ky; dk izcU/kra= vius Jksrksa ls ikfjJfed ds Hkqxrku gsrq ck/; gSA jktho dqekj lfpo"
The facts culled out from records are that petitioner was working as lecturer (Sociology) on temporary status in Rajarshi Tandon Mahila Mahavidyalaya, Allahabad. She was initially appointed on 27.03.1989, when the college had been granted temporary affiliation and her services are said to have been regularized on 30.06.2005. She claims that despite this fact she has not been paid her salary by the State Exchequer as her matter of appointment for teaching the new subject and of payment of salary was pending before the State Government for grant of no objection/financial clearance on the said post.
Rajarshi Tandon Mahila Mahavidyalaya, Allahabad is an associated college of Allahabad University under the U.P. State Universities Act 1973 (hereinafter referred to as "the Act") and the University of Allahabad w.e.f. 14.07.2005 has been declared as Central University.
According to the petitioner the Allahabad University is therefore liable to pay the salary of the petitioner from the said date and that prior to it, the liability of payment of salary was of the State of U.P. The counsel for the petitioner has referred to paragraph 5 of the writ petition and submits that the affiliation was subsequently made absolute on 27.09.1996 by the Executive Council, which decision was communicated to the institution vide letter dated 05.02.1997. Assailing the order impugned, the contention of learned counsel for the petitioner is that the Secretary Higher Education has given "no objection" vide letter dated 14.11.2006 for the sessions 1996-97 for teaching the subject of Sociology in the college. As such the impugned orders passed by the State. Government by which it has refused to grant/creation of post and disbursement of salary though State Exchequer is illegal in view of the fact that regularization of the petitioner has been made against an additional appointment till the post is created for salary disbursement, it is to be paid by the management.
It is stated that in the aforesaid circumstances, denial of payment of salary by the State Exchequer to the petitioner on account of non creation of posts is unwarranted. He states that the issue before the authority was only for grant of financial clearance and payment of salary w.e.f. the date the petitioner was regularized and as no application was pending for grant of self financed or un-aided subject before the State Government to issue Government Order 21.08.2000, (which has been placed by the State of U.P.) and the college have also been granted affiliation in the year 1976, as such the Government Order impugned is misconceived. It is stated that there being no provision of self finance of the Allahabad University, the institution itself is being permanent recognized institution is entitled to full grant-in-aid from the State Government. It is lastly submitted that as no reason has been provided for rejecting the claim of the petitioner for financial clearance as, once no objection having been granted to the subject of Sociology at the time when the affiliation was accorded and hence it is liable to be quashed.
Per contra, learned counsel for the respondent has submitted that this writ petition has been preferred against the impugned order dated 07.12.2006 which has been passed in compliance of the order dated 05.12.2005 passed by the High Court in writ petition no. 73948 of 2005 (supra). By the impugned order the claim of the petitioner for creation of the posts of Lecturer in Sociology and payment of her salary by the public exchequer has been rejected by a well reasoned and speaking order. It is stated that the petitioner has tried to mislead the Court as the letter dated 22.04.1996 appended as Annexure -4 to the writ petition has not been written by the Honorary Secretary of the committee of Rajarshi Tandon Mahila Mahavidyalaya, Allahabad. This letter is not for taking the post of Lecturer in Sociology on grant-in-aid list rather for permission or no objection was sought from the State Government by this letter for teachings of Sociology and Philosophy subjects in the college as new subjects introduced which the college has been granted for teaching in Sociology in academic sessions 1996-97.
The services of the petitioner had been regularized vide order dated 30.06.2005 subject to condition that payment of his salary/remuneration shall be made by the college management till creation of post for teaching these subjects. In this regard the Government Order dated 21.08.2000 and 30.08.2000 have been relied upon by the counsel for the respondent. These letters shows that Government had taken a policy decision regarding the extent financial assistance may be granted in case of creation of post or payment of salary from the State fund. However, subsequently the State Government decided not to create new posts on basis of claim of the college which had taken the ground of increase in strength of students in the institution. It is argued by the counsel for the respondent that in these circumstances, the State has rejected the representation of the petitioner holding that there is no reasonable basis in their application for creation of the post or to grant sanction for the payment of salary to the petitioner out of the State fund.
After hearing the learned counsel for the parties and on perusal of record it appears that the college had been granted temporary affiliation on 17.07.1987 in the subject of Sociology, the petitioner's appointment was subject to condition by the university that payment of her salary would be made by the Management of the College as she was not appointed on a duly created post by the State Government. The petitioner had accepted the conditional appointment and had submitted her joining on 31.03.1989. The process for permanent affiliation for the subject of Sociology appears to have been started and the Executive Council of the University approved permanent affiliation to the University vide resolution no. 130 dated 27.09.1996, which was communicated to the institution vide letter dated 05.02.1997.
In rebuttal it is reiterated by the learned counsel for the petitioner that State Government had never denied its liability to pay the salary of the petitioner from the State Exchequer as at the time affiliation was granted by the University Authority, within the provisions of Chapter XI of U.P. Universities Act 1973 and that scheme of Chapter XIA of U.P.Government, no where denies payment of salary to those teachers whose services have been regularized under the Act therefore denial of salary to the petitioner who has been working for last 19 years on the basis of G.O., which came in the year 2000 itself is illegal.
After hearing counsel for the parties and on perusal of record and as the parties have relied upon G.O. Dated 21.08.2000 and 30.08.2000, they are quoted below for ready reference, the G.O. Dated 21.08.2000 reads thus:
Copy of Government Order Dated 21.08.2000 " Lak[;k& [email protected] lRrj&[email protected] 2000&[email protected] 99 izs"kd] lq/khj dqekj] lfpo] mRrj izns'k 'kkluA lsok esa] fnus'kd (mPp f'k{kk) ] mRrj izns'k] bykgkcknA mPp f'k{kk vuqHkkx&6 y[kum % fnukad % 21 vxLr] 2000 fo"k; % v'kkldh; egkfo|ky;ksa ds f'k{[email protected] deZpkfj;ksa ds osru lank; gsrq 'kkldh; vuqnku fn;k tkukA egksn;] vki voxr gS fd lEizfr mRrj izns'k ds cgqla[;d v'kkldh; egkfo|ky;ksa ds f'k{[email protected];ksa ds osru ds fy;s jkT; ljdkj }kjk [email protected] jktdh; lgk;rk nh tkrh gSA 2& mDr fo"k; ds lEcU/k esa eq>s ;g dgus dk funsZ'k gqvk gS fd mRrj izns'k 'kklu dh vFkksZik; dh dfBu fLFkfr dks ns[krs gq, lE;d~ fopkjksijkUr Jh jkT;iky egksn; lg"kZ ;g vkns'k nsrs gSa fd vc Hkfo"; esa fdlh Hkh vukuqnkfur v'kkldh; egkfo|ky; ds f'k{[email protected];ksa ds osru lank; ds fy;s rFkk vuqnkfur v'kkldh; egkfo|ky;ksa esa u;s fo"k; [kksyus ij vko';d f'k{[email protected] f'k{k.ksRrj deZpkfj;ksa ds osru ds fy;s jkT; ljdkj }kjk fdlh Hkh :i esa dksbZ foRrh; lgk;rk iznku dh tk;xhA 3& d`i;k vius Lrj ls lHkh lEcfU/kr dks bl fLFkfr ls voxr djk nsaA Hkonh;] lq/khj dqekj] lfpoA &&&&&&&& As regards the G.O. Dated 30.08.2000 it is in the following terms la[;k % 1560 (1) @lRrj&6 @ 2000&51 @ 99 izs"kd] lq/khj dqekj] lfpo] mRrj izns'k 'kkluA lsok esa] funs'kd (mPp f'k{kk)] mRrj izns'k bykgkcknA mPp f'k{kk vuqHkkx&6 y[kum % fnukad% 30 vxLr] 2000 fo"k; % vlgk;rk izkIr egkfo|ky;ksa ,oa lgk;rk izkIr egkfo|ky;ksa ds vlgk;rk izkIr (foRr foghu) ikB~;dzeksa dks LofoRr iksf"kr vk/kkj ij pyk;s tkus dh Lohd`frA egksn;] vki voxr gS fd mRrj izns'k esa vusdksa ,sls vlgk;rk izkIr egkfo|ky; gSa ftUgsa jkT; ljdkj ls dksbZ foRrh; lgk;rk ugha izkIr gksrh gSA blh izdkj dbZ ,sls v'kkldh; egkfo|ky; gSa ftUgsa jkT; ljdkj ls lgk;rk rks izkIr gksrs gSa] ijUrq buesa py jgs dfri; ikB~;dzeksa ls lEcfU/kr f'k{[email protected] deZpkfj;ksa ds osru lank; ds fy;s jkT; ljdkj }kjk dksbZ lgk;rk ugha nh tkrh gSA 2& mijksDr ds lEcU/k esa jkT; ljdkj }kjk 'kklukns'k la[;k& [email protected] lRrj&[email protected]&[email protected] 99 fnukad 21 vxLr 2000 ds }kjk fu.kZ; fy;k x;k gS fd Hkfo"; esa fdlh Hkh vukuqnkfur v'kkldh; egkfo|ky; dks ,oa vuqnkfur v'kkldh; egkfo|ky; ds vlgk;rk izkIr ikB~;dzeksa dks fdlh Hkh :i esa dksbZ Hkh foRrh; lgk;rk ugha nh tk;sxhA 3& mDr egkfo|ky;[email protected] ikB~;dzeksa esa vf/kdka'k esa lkekU; f'k{k.k 'kqYd gh fy;k tkrk gS] vFkZkr LofoRr iksf"kr mPp f'k{kk gsrq fu/kZkfjr f'k{k.k 'kqYd ugdha fy;k tkrk gSA ,sls egkfo|ky;[email protected] ikB~;dzeksa dks foRrfoghu dh laKk nh tkrh gSA 4& mDr foRr foghu egkfo|ky;[email protected] ikB~;dzeksa esa foRr iks"k.k dh leL;k ,oa 'kklu dh dfBu vFkksZik; dh fLFkfr dks ns[krs gq, Jh jkT;iky egksn; lg"kZ ;g vkns'k nsrs gSa fd mDr egkfo|ky;[email protected] ikB~;dzeksa esa LofoRr iksf"kr iksf"kr mPp f'k{kk gsrq 'kklukns'k la[;k& [email protected] lRrj&2&97 (85) @ 97 fnukad 11 uoEcj] 1997 }kjk fu/kZkfjr 'kqYd fy;k tk ldrk gS vFkkZr ;g egkfo|ky;@ ikB~;dze LofoRr iksf"kr ;kstuk ds vUrxZr pysaxsA vc jkT; ;ljdkj }kjk fdlh Hkh egkfo|ky;@ ikB~;dze dks foRr foghu dh Js.kh esa ugha ekuk tk,xkA Hkonh;] lq/khj dqekj lfpoA"
From the arguments advanced by the counsel for the parties it appears that the institution was under temporary affiliation, at the time when the then Principal of the Institution by his communication dated 22.04.1996 to the Education Secretary sought financial clearance and no objection for teaching of Sociology subject in the institution. Subsequently the petitioner preferred writ petition no. 38570 of 2001 for regularization of his services and for directing the Director Higher Education to decide the issue. The Director vide his letter dated 27.09.2003 recommended thus:-
" ;kph ds izdj.k ij xEHkhjrk iwoZd fopkj djus ds mijkar ;g ik;k x;k fd ;kph dh fu;qfDr egkfo|ky; }kjk vLFkk;h lEc)rk ds v/khu gh fd;k x;k Fkk D;ksafd ;fn egkfo|ky; dks vLFkk;h lEc)rk ds v/khu gh fd;k x;k Fkk D;ksafd ;fn egkfo|ky; dks vLFkk;h lEc)rk izkIr ugha gksrh rks fo'ofo|ky; }kjk egkfo|ky;] lekt'kkL= fo"k; ds Nk=ksa dh ijh{kk gh lEikfnr ugha dh tk ldrh Fkh] lkFk gh Nk=ksa dh fMxzh Hkh voS/k gksrhA vr% ;kph dh egkfo|ky; esa fnukad 27&3&1989 dks dh x;h fu;qfDr dks vLFkk;h lEc)rk ds v/khu ekurs gq, fofu;ferhdj.k lfefr }kjk ;kph dh egkfo|ky; esa fnukad 27&3&1989 dks dh x;h rnFkZ fu;qfDr dks vLFkk;h lEc)rk ds v/khu fd;k x;k] Lohdkj djrs gq, ;kph dh lsokvksa dks fofu;fer djus gsrq laLrqfr iznku dj vfUre fu.kZ; gsrq 'kklu dks lanfHkZr dj fn;k x;kA mRr fu"d"kZ ds lkFk ;kph dk izR;kosnu Lohdkj djrs gq, fuLrkfjr fd;k tkrk gSA ;g fuLrkj.k vkns'k ekuuh; mPp U;k;ky; }kjk ;kfpdk la[;k& [email protected] 2001 esa ikfjr vkns'k fnukad 1&4&2003 ds vuqikyu esa tkjh fd;k tk jgk gSA"
The petitioner claims in her writ petition that her services were subsequently regularized on 27.04.2004, is said to have been sent to her on 30.06.2005. According to her it was mentioned therein that post against which she was regularized was a new post available on account of a new subject (Sociology). However, in view of paragraph 4 of the order dated 30.06.2005, the petitioner was entitled to receive the salary from the management only till creation of new post by the State Government for disbursement of salary by the State Exchequer.For ready reference copy of the letter dated 30.06.2008 by the Director Education U.P. Higher Education U.P. Allahabad is quoted below"
" izs"kd f'k{kk funs'kd (mPp f'k{kk) mRrj izns'k] bykgkcknA lsok esa] izcU/[email protected] izkpk;Z] jktf"kZ V.Mu efgyk egkfo|ky;] bykgkcknA i=kad fMxzh vFkZ&1 @ @ 2005&06 fnukad 30&6&05 fo"k; %& m0 iz0 v/;kns'k la[;k&5 lu 1997 fnukad 26 ebZ 1997 }kjk m0 iz0 mPprj f'k{kk lsok vk;ksx vf/kfu;e 1980 dh /kkjk&16 ds vUrxZr 4 tuojh 1984 ls 22 uoEcj 1991 rd dh vof/k esa fu;qDr rnFkZ f'k{kdksa ds fofu;ferhdj.k ds laca/k esaA egksn;] m0 iz0 v/;kns'k la[;k 5 lu~ 1997 fnukad 26&5&1997 esa fufgr izkfo/kkuksa ds vUrxZr m0 iz0 mPprj f'k{kk lsok vk;ksx (la'kks/ku) v/;kns'k 1997 dh /kkjk 31&x ds v/khu vkids egkfo|ky; esa fu;qDr rnFkZ f'k{kdksa dks fu;fer fu;qfDr nsus gsrq laLrqr djus ds izdj.kksa ij egkfo|ky; }kjk izLrqr vfHkys[k ,oa funs'kky; Lrj ij miyC/k vfHkys[kksa ds vk/kkj ij mijksDr v/;kns'k ds rgr xfBr fofu;ferhdj.k p;u lfefr }kjk fopkj fd;k x;kA 2& fofu;ferhdj.k lfefr dh laLrqfr ds n`f"Vxr 'kklu ds i= la[;k& [email protected] lRrj&2&2004&16 (1) @ 98 fnukad 21 fnlEcj 2004 }kjk eq>s ;g lwfpr djus gsrq vf/kd`r fd;k x;k gS fd miyC/k vfHkys[kksa ds vk/kkj ij vkids egkfo|ky; ds dq0 Mk0 'kf'k tk;loky fo"k; lekt'kkL= dks izLrj (3) esa mfYyf[kr in ds izfr v/;kns'k esa fufnZ"V izfrcU/kksa ds v/khu fu;fer fu;qfDr gsrq laLrqfr dh tkrh gSA 3& d& fnukad 1&4&75 dks [email protected]@[email protected] }kjk /kkfjr in ds izfr [k& f'k{kk funs'kd (m0 f'k0) m0 iz0 bykgkckn ds vkns'k la[;k --------------------------------------------------------- }kjk l`ftr in ds izfr tks izLrj (2) esa mfYyf[kr rnFkZ izoDrk dh fu;qfDr ds iwoZ [email protected] [email protected] [email protected] Mk0 -------------------- }kjk /kkfjr Fkk] ds izfrA x& fo'ofo|ky; }kjk uohu lEc)rk ds vUrxZr miyC/k in ds izfrA 4& ;fn lEcfU/kr rnFkZ f'k{kd dk fofu;ferhdj.k mi;qZDr izLrj (3) x ds v/khu fd;k tkrk gS rks fofu;fer f'k{kd dks osru Hkqxrku osru lank; gsrq in l`ftr gksus rd egkfo|ky; izcU/k rU= }kjk vius L=ksrksa ls fd;k tk;sxkA in l`tu gksus dh frfFk ds i'pkr ls osru lank; [kkrs ls osru ns; gksxkA 5& ek0 mPp U;k;ky; ds vkns'k izHkkoh gksus dh n'kk esas ;g laLrqfr mu vkns'kksa ds v/khu gksxh rFkk fofu;ferhdj.k ek0 mPp U;k;ky; ds vfUre vkns'k ds v/khu gksxkA 6& bl lEcU/k esa ;g Hkh Li"V fd;k tkrk gS fd fofu;ferhdj.k dh ;g laLrqfr vH;FkhZ] izkpk;Z ,oa izcU/kd }kjk mPp f'k{kk funs'kky; dks izLrqr ,oa izekf.kr vfHkys[kksa ds vk/kkj ij dh x;h gS vr% ;fn fdlh Lrj ij vfHkys[kksa esa =qfV ik;h tkrh gS vFkok dksbZ ?kks"k.kk vlR; fl) gksrh gS rks mldk mRrjnkf;Ro ;FkkfLFkfr rRlEcU/kh vH;[email protected] izkpk;[email protected] izcU/kd dk gksxk rFkk fofu;ferhdj.k dks vfHk'kwU; dj fn;k tk;sxkA d`i;k ;Fkk'kh/kz fu;qfDr i= fuxZr dj v/kksgLrk{kjh dks lalwfpr djsaA Hkonh;
The grievance of the petitioner appears to be that, despite regularization of her service by the management, payment of her salary has not been made by the management and her representation to the State Government dated 08.07.2005 for payment by the State Exchequer also remained undecided for a long period of time and was ultimately on decided by it pursuant to the order dated 05.12.2005 passed by the High Court in writ petition no. 73948 of 2005; that subsequently a contempt petition no. 3787 of 2006 was also preferred by the petitioner which was disposed of by order dated 23.05.2007 to the effect that in case the petitioner is aggrieved by the order she can challenge it validity and correctness in a petition. It is in this background, that order dated 07.12.2006 has been passed, which is impugned in this writ petition.
From the aforesaid facts it is borne out that petitioner was appointed on a temporary post, which was not a post created by the State in accordance with the scheme of Chapter XI-A of the U.P. States Universities Act, 1973. It also appears that State Government never took any liability or responsibility of payment of salary to the petitioner at any point of time during the period the matter of creation of posts and grant of financial sanction by the State Government was pending; that the affiliation of the subject was irrespective of the fact that appointment for teaching the subject had been made regular or not by the College. It is clear from the letter of Secretary U.P.Higher Education, Govt. of U.P. dated 7th December 2006 was of the College Management and not of the State Exchequer. The petitioner having been appointed by the Committee of Management on grant of approval Rajarshi Tandon Mahila Mahavidyalaya to teach Sociology which was a new subject introduced in the College by the Management, without the post having created under Chapter XI A of the Act of 1973, cannot be granted as per the appointment letter issued by the college and the correspondence on record, the liability to pay the salary of the petitioner lies with the College management, therefore, the petitioner was rightly not paid her salary from the State fund.
It is clear from the record that no new post having been created by the State Government at the relevant time in the subject of Sociology and the liability of payment of salary to the petitioner is of the Committee of Management. The State Government cannot be saddled with liability of bearing payment of salary of the petitioner. Moreover, though the writ petition was filed in the year 2007, the petitioner has also not impleaded the Central Government as a party after even though she claims salary from Central Government from the date after the Allahabad University became a Central University in the year 2005. It is also for this reason an interim mandamus was issued to the respondent no.7 i.e. the Committee of Management Rajarshi Tandon Mahila Mahavidyalaya to pay the entire salary of the petitioner including arrears of salary within a period of six weeks from the date certified copy of the order is produced before it.
For all the reasons stated above we partly allowed the writ petition in terms of interim order in so far as payment of salary of the petitioner is to be paid by the Management concerned but partly dismiss the claim of the petitioner for payment of salary from the State Exchequer.
Ordered accordingly.
No order as to costs.
Dt. 30.04.2012 Abhishek Sri/-