Court No. - 62
Case :- WRIT - A No. - 7234 of 2001 Petitioner :- Rakesh Kumar Srivastava Respondent :- D.I.O.S. & Others Counsel for Petitioner :- Humanshu Sinha,K.K.Mani Counsel for Respondent :- C.S.C.,Ravindra Prasad
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the petitioner and learned Standing counsel for respondent.
This writ petition has been filed seeking a direction in the nature of mandamus commanding the respondents to pay the petitioner his regular monthly salary as well as arrears of his salary since 8.7.1993. It is further prayed that suitable direction may be issued to the respondent to consider petitioner's representation and decide the same.
The case of the petitioner is that he has been appointed on 2.7.1993 against a short term vacancy on the post of Lecturer (Maths), which arose on account of suspension of one Virendra Bahadur Singh- Lecturer (Maths), in Bapu Inter College, Salempur, Deoria, (hereinafter referred to as the "Institution"), which is a recognised and aided institution.
It is further stated that advertisement for the aforesaid vacancy was issued on 12.4.1993, in daily newspapers namely "Rashtriya Chinha" and "Dainik Hindustan". The petitioner being fully qualified, applied therefor and was selected by the selection committee constituted for the purpose. The committee of management of the institution passed resolution (annexure-1) appointing the petitioner on adhoc basis and the papers were thereafter were sent to the District Inspector of Schools for approval, but the District Inspector of Schools has failed to pass any order either granting approval or disapproving his appointment..
The stand taken by the respondents in their counter affidavit is that the post of Lecturer (Maths) was declared dead in the academic session 1989-90 and after the death of Virendra Bahadur Singh in the year 1993, the said post came to an end and as such appointment on the said post could not be approved. It is further stated in the counter affidavit that in the institution there were eight sanctioned posts of lecturers, against which eight lecturers are working, and thus there is no post of lecturer vacant in the institution.
In the rejoinder affidavit filed on behalf of the petitioner, the facts as stated in the counter affidavit, have been controverted and the petitioner has relied upon certain documents which have been annexed with the counter affidavit filed on behalf of the committee of management.
Disputed questions of fact are involved in this petition which cannot be adjudicated in exercise of extra ordinary powers under Art. 226 of the Constitution.
Therefore, in the facts and circumstances of the case, the petitioner is granted liberty to make a comprehensive representation alongwith certified copy of this order, annexing therewith all relevant documents relied upon by him before respondent no. 1- District Inspector of Schools, Deoria within a period of two weeks from today. In the event, any such representation is made, the same shall be considered and decided by the respondent-DIOS, in accordance with law expeditiously within three months from the date of receipt of such representation, by a reasoned and speaking order after affording opportunity to all concerned including committee of management of the institution.
With the above observations, this writ petition stands finally disposed of. No order as to costs.
Order Date :- 27.2.2018 Akbar