1. Heard Sri A.M. Tripathi, learned counsel for the petitioners and learned Standing Counsel for the respondent nos.1 to 3.
2. In compliance of the order passed by this Court on 23.7.2014, notice was issued to respondent no.4 and after taking steps office sent notice through registered post which has not received in the office nor Vakalatnama has been filed on behalf of respondent no.4. In view of the provisions of Chapter VIII Rule 12 Explanation (II) of the High Court Rules, notice upon respondent no.4 is deemed to be sufficient
3. By means of the present writ petition, the petitioners have prayed for issuance of a writ in the nature Mandamus commanding the respondents to permit the petitioners to discharge his duties on the post of Assistant Teacher L.T. Grade till the regularly selected candidates come and join in the institution and to pay regular monthly salary month by month inasmuch as the arrears of salary with effect from 10.1.2014 till date.
4. Fact of the case is that Rashtrawadi Inter College, Sapahi, District Sultanpur (hereinafter referred to as 'institution') is a recognized Institution under the provisions of U.P. Intermediate Education Act, 1921, the institution is receiving aid from the State Government, thus the provisions of U.P. High School Intermediate Education Act, 1971 (U.P. Act No.24 of 1971) as well as U.P. Act No.5 of 1982 are applicable to the institution in question. It is the case of the petitioners that two vacancies of Assistant Teachers, L.T. Grade came into existence on 30.6.2010 after the retirement of Sri Anil Kumar Mishra and other vacancy on 30.6.2013 due to retirement of Sri Ram Bachan Kashyap. The Committee of Management resolved to make appointment on ad hoc basis in view of provisions contained under Section 16-E(11) of U.P. Intermediate Education Act, 1921 and accordingly, applications were invited from the eligible and qualified candidates. The petitioners along with certain candidates applied for and Selection Committee constituted selected the petitioners on the post of Assistant Teachers and thereafter the Committee of Management issued appointment letter to the petitioners on 8.1.2014 and in pursuance thereof, they joined in the institution and have been discharging all duties and functions of the post of Assistant Teacher in L.T. Grade respectively.
Papers in regard to selection and appointment of petitioners were duly submitted before the District Inspector of Schools by the Committee vide letter dated 10.1.2014 to ensure approval for the purpose of disbursement of salary to the petitioners. When no order was passed to ensure payment of salary to the petitioners, present writ petition has been filed for issuance of necessary direction to ensure payment of salary from the State Exchequer.
5. Learned counsel for the petitioners submits that the controversy in regard to continuance of a teacher appointed under Section 16-E (11) came before this Court for consideration in the case of Rakesh Chandra Misra reported in 2004(22) LCD-1604 Allahabad. He submits that in the case, it has been held that the interest of the education to the students is paramount. This judgment was referred to a larger Bench. The larger Bench at Allahabad in the case of Daya Shanker Misra v. State of U.P. in Civil Misc. Petition No.20843 of 2002 has decided on 31.3.2010 that the judgment of Rakesh Chandra Misra's case is a good law. The law laid down by the his Lordship in the case of Rakesh Chandra Misra's case has thus been upheld by the Division Bench of this Court. Thereafter, the matter went to the Hon'ble Supreme Court for consideration that whether the decision of Full Bench of this Court permitting teachers to continue till regular candidates come and join. Bunch of SLPs were filed and after exchange of pleadings and after hearing the parties, Hon'ble Supreme Court decided the issue vide judgment and order dated 26.8.2020 and recorded the following observations:
"11. On having examined the issue, we feel it will be appropriate to direct that the teachers/ lecturers who are employed at present the TGTs and lecturers would continue to be so exployed till the aforesaid process is completed and to the extent the financial benefits are given by the State Government to the institutions, against appointments made in compliance with Section 16-E (sub-section 11) of the Act, the same will also be given to provide succour to the TGT/ lecturers.
12. We end with the hope that we will never be faced with the aforesaid situation again and the State Government and the Commission will also make every endeavour to ensure that the order is complied in its true intent and spirit and specially the aspect of holding examinations for the future taking into consideration all current and future vacancies reported as per rules is followed in times to come. We need not emphasize that education in a very important role performed by a State apart from the area of medical assistance to citizens and thus it is necessary that the full benefit is extended to the students which can only take place if the full strength of teachers is available at the requisite time. This in turn requires compliance with the aforesaid directions for the future.
13. Since there is aloways hope, we hop for a better future.
14. The aforesaid exercise by the Commission in consultation with the State Government should be completed well in time to ensure that at least in the session commencing in July, 2021 all teachers up to date are in place.
15. All the appeals and specials leave petitions are disposed of in terms aforesaid.
16. All pending applications also stand disposed of."
6. In view of the law laid down by the Hon'ble Supreme Court, the petitioners are also entitled to continue till proceedings to regular employment against the vacancies, requisitions to the Selection Board are completed with a direction to the respondents to permit to petitioners to continue on their respective posts and to pay regular monthly salary month by month forthwith inasmuch as arrears of salary with effect from 10.1.2011till date.
7. In in the result, the writ petition is allowed.
Order Date :- 27.1.2021 GK Sinha