Court No. - 37
Case :- WRIT - A No. - 11678 of 2019 Petitioner :- Raj Kamal Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- A.D. Saunders Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J.
At the outset learned counsel appearing for the petitioner prays that he may be permitted to implead the Committee of Management of Wesley Inter College, Allahabad through its Manager as well as the Principal of the College as respondents respondents no.4 and 5 respectively in the array of the parties to the writ petition.
Learned counsel for the petitioner is permitted to do so during the course of the day.
Heard Sri A.D.Saunders, Advocate assisted by Ms. Mahima Catherine Joseph, learned counsel appearing for the petitioner and the learned Standing Counsel appearing for the State- respondents.
There is an aided Minority College by the name of Wesley Inter College, Allahabad. The Institution advertised the vacancy for appointment on Class-
IV Post pursuant to which the petitioner applied and was selected. The papers were forwarded to the District Inspector of Schools but the DIOS refused to grant financial sanction or approval on the ground that the post has to be filled through outsourcing as provided after Amendment under Regulation 101 of the Regulations framed under the U.P.Intermediate Education Act, 1921 (in short the Act). The petitioner challenged the said order by means of Writ A No. 21148 of 2017. That writ petition was disposed of in view of the judgment rendered in the case of Committee of Management, Lala Babu Baijal Memorial Inter College, Lodipur, Ghaziabad and another Vs. State of U.P. and others, reported in 2012 (4) ADJ 586. The said amendment was quashed and it was directed that the DIOS will re- consider the claim of the petitioner. Upon such direction it appears that the DIOS finally granted approval to the petitioner by order dated 24.6.2017(Annexure-13 to the writ petition). Pursuant thereto the Principal which, in fact, is the appointing authority directed the petitioner to join the post and in pursuance thereof the petitioner joined on 4.7.2017 and since then he is working in the Institution but when the salary was not being paid, several representations were made to the DIOS but to no avail.
As a last resort the petitioner has filed an application under the RTI Act and the information was given to the petitioner that he was never paid from the State Exchequer and, therefore, he would not be entitled to salary.
It is to be noted that the DIOS had granted financial approval upon the direction of this Court to re-consider the case of the petitioner and once the approval having been granted and the petitioner joined the post, the reason for not granting salary to the petitioner is unjustifiable.
The writ petition is disposed of with the direction to the District Inspector of Schools to consider the claim of the petitioner and pass appropriate orders with regard to payment of salary to the petitioner from the date of his joining, in accordance with law, as far as possible, within a period of one month from the date, a certified copy of this order is presented before the authority concerned.
Order Date :- 30.7.2019 SKM