The petitioner is Assistant Teacher in LT Grade. He is aggrieved by the order dated 02.02.2012 passed by the Regional Education Committee, Agra Region, Agra (Respondent no. 2), whereby the order dated 14.12.2006 14.12.2006 regularizing the services of the petitioner has been cancelled.
The case is a checkered history. All the facts and records filed by the parties are not necessary to mention in view of the subsequent developments.
Brief facts necessary to dispose of the writ petition are:
Rohta Inter College, Rohta, Agra is a recognized institution and is governed under the provisions of UP Intermediate Education Act, 1921 and regulations framed thereunder and the Payment of Salaries Act, 1971 and the UP Secondary Education Service Selection Board Act, 1982.
On 28.10.1991 a regular Principal of the Institution Sri K.D. Sharma passed away. Thus a substantive vacancy arose in the office of the Principal. The Committee of Management permitted/appointed one Dr. Hazari Lal as officiating Principal. Due to the aforesaid ad hoc appointment of Sri Hazari Lal as Principal, a short term vacany arose in LT Grade. The committee of management following the procedure under Second Removal of Difficulties Order, 1981, appointed the petitioner on 29.8.1992 as LT Grade teacher with the approval of the District Inspector of Schools, Agra (the DIOS). It is stated that the petitioner is continuously working since 1993 in the institution.
It appears that in spite of the approval of the petitioner's appointment by the DIOS, his salary was not paid. Therefore, he preferred a WP No. 25735 of1993 wherein a direction was issued on 15.7.1993 by this Court for payment of salary of the petitioner.
From the record it transpires that the appointment of Dr. Hazari Lal was challenged by one Chhote Lal by WP No. 18709 of 1993, which was disposed of on 25.9.2002 with the direction to respondent no. 3 to decide the representation of Chhote Lal. In the meanwhile, the DIOS regularized the service of Dr. Hazari Lal. It was lateron cancelled on 15.6.2003. Thus Dr. Hazari Lal was revered back to his original post.
By the impugned order, petitioner's claim has been rejected only on the ground that after the cancellation of regularization of Dr. Hazari Lal on 9.5.2008 had joined his substantive post of the Assistant Teacher. Therefore, the petitioner's regularization has been cancelled.
The counsel for the petitioner Sri Amit Saxena submits that after regularization of Dr. Hazari Lal was cancelled Chhote Lal, who was Assistant Teacher was promoted as ad hoc Principal. Thus another vacancy was cause in LT Grade and the petitioner is continuing on the said vacancy.
It is stated at the Bar that Dr. Hazari Lal and Chhote Lal both have reached the age of superannuation and the petitioner is continuously working since 1993. Thus he is entitled for his regularization in terms of section 33-F.
The counsel for the petitioner has also drawn the attention of the Court to paragraph no. 38 of the writ petition wherein, it is averred that the impugned order has been passed without giving any notice or opportunity to the petitioner. The said submission has not been denied in paragraph no. 11 of the counter affidavit.
I have heard counsel for the parties and perused the record.
From perusal of the impugned order, it is evident that the petitioner was not given any opportunity. The Regional Committee without giving any notice or opportunity to the petitioner only on the basis of record has passed this order cancelling the regularization order dated 14.12.2006 as mentioned above.
State functionaries in their counter affidavit have not denied the fact of violation of principle of natural justice. Thus it is evident that the order has been passed in violation of principle of natural justice and the impugned order needs to be set aside on this ground alone as such the impugned order dated 02.02.2012 is hereby quashed. The matter is remitted to the Regional Committee under Section 33-F to consider the case of the petitioner for regularization under section 3-F matter afresh with the observation made herein above. The said exercise shall be completed expeditiously after giving opportunity to the petitioner.
The writ petition is allowed.
Order Date :- 6.9.2014 SKS