Heard learned counsel for the parties.
The claim of the petitioner is that he should be paid his arrears of salary with effect from the date of his joining on the post of Assistant Teacher i.e. 10.11.1994.
The submission of learned counsel for the petitioner is that in compliance of order dated 21.02.2005 (Annexure No.6 to the writ petition), the petitioner has been paid arrears of salary with effect from 01.07.2000 onwards but his claim was still persisting with effect from 10.11.1994 to 30.06.2000.
Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has drawn attention of this Court towards para-11 of the counter affidavit wherein it has been indicated that the Director of Education through letter dated 21.02.2005 directed for payment of salary to the petitioner in compliance of order of this Court and the petitioner has been paid arrears of salary with effect from 01.07.2000. The aforesaid submission of the learned Additional Chief Standing Counsel is supporting the contention of learned counsel for the petitioner that the petitioner has been paid salary with effect from 01.07.2000 but no such order of the Director of Education has been annexed in the writ petition or in the counter affidavit or in the rejoinder affidavit.
The bare perusal of the order dated 21.02.2005 reveals that the District Inspector of Schools, Faizabad/ Ambedkar Nagar has directed for payment of salary to the petitioner till the regularly selected candidate comes and joins on the post in question, but this order does not indicate that the petitioner shall be paid salary with effect from 01.07.2000.
Learned Additional Chief Standing Counsel has also drawn attention of this Court towards order dated 16.09.1999 passed by this Court in Writ Petition No.4679 (S/S) of 1998 whereby this Court was pleased to pass an order in favour of the petitioner directing the opposite parties to pay the petitioner's salary in the admissible pay scale within a month from the service of this order.
In the aforesaid order, this Court has considered the fact that the petitioner was initially appointed on the post of Assistant Teacher on 26.10.1994.
The learned counsel for the State-respondents has further submitted that by means of this order dated 16.09.1999, this Court has not directed to make payment of salary to the petitioner with effect from 26.10.1994. However, that writ petition has been finally decided in terms of judgment and order 27.07.2017 passed by this Court in a bunch of writ petitions leading Writ Petition No.53 (S/S) of 1998; Devesh Kumar Yadav vs. Director, Secondary Education, Lucknow & others, whereby the Competent Authority has been directed to consider the claim of the petitioner in accordance with law after determining the eligibility of and entitlement to be regularized under Section 33-C/33-G of U.P. Secondary Education Services Selection Board Act, 1982 and pass appropriate orders thereon.
The case of the petitioner is that since after completion of selection process of the petitioner, the Management forwarded necessary papers to the District Inspector of Schools on 21.12.1994 but neither the same was approved nor disapproved the selection of the petitioner, as such, as per the provisions of para-3 of the Removal of Difficulties (Second) Order 1981 after 7 days it would be deemed that the District Inspector of Schools has given his financial approval.
Therefore, learned counsel for the petitioner has submitted that in the light of the proposition of law the petitioner is duly entitled for arrears of salary with effect from the date of his appointment/ joining.
Since the fact that the petitioner has been paid salary with effect from 01.07.2000 could not be verified inasmuch as neither the petitioner nor the State-respondents has filed any relevant annexures to that effect, therefore, list this petition on 06.03.2019 to enable the learned Additional Chief Standing Counsel to produce the relevant records to demonstrate that the petitioner has been paid salary with effect from 01.07.2000, as indicated in para-11 of the counter affidavit.
Learned Additional Chief Standing Counsel shall also apprise the Court in respect of the aforesaid submission of learned counsel for the petitioner that as per the provisions of Removal of Difficulties (Second) Order, 1981, it would be deemed that the District Inspector of Schools has given financial approval regarding the appointment of the petitioner, as indicated in para-11 of the rejoinder affidavit of the petitioner.
Order Date :- 27.2.2019 Suresh/ [Rajesh Singh Chauhan,J.]