Court No. - 34
Case :- WRIT - A No. - 34755 of 2002 Petitioner :- Ramesh Singh Respondent :- Principal Hindu Inter College Atarra Banda & Others Counsel for Petitioner :- Birendra Singh,Bhupendra Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Birendra Singh, learned counsel for petitioner and learned Standing Counsel for respondents.
2. By means of present writ petition petitioner has challenged the order dated 31.07.2002 passed by Principal, Hindu Inter College, Atarra, Banda restraining petitioner from performing his duties and signing attendance register and also directing him to handover his charge to Sri Kailash Chandra Payasi, another person.
3. It is contended that in respect of appointment and functioning of a Class-III employee, Principal has no authority as he is not the appointing authority and appointment of petitioner has been found valid by District Inspector of Schools, Banda (hereinafter referred to as “DIOS”) in its order dated 29.12.1999.
4. A counter affidavit has been filed on behalf of Respondent-1 stating that petitioner was appointed in 1990 in a temporary vacancy when one, Shyam Sunder, a Class-III employee was under suspension and inquiry was going on. Sri Shyam Sunder retired in June, 2002 resulting in substantive vacancy and, therefore, post has to be filled in afresh and petitioner has no right to continue.
5. However, I do not find anything from the order of DIOS that appointment of petitioner was made temporarily and he was liable to cease after the vacancy on which he was appointed becomes substantive due to retirement of Sri Shyam Sunder. The order dated 29.12.1999 shows that petitioner was validly appointed and his appointment was also approved by DIOS. That be so, unless an order otherwise is passed by a Competent Authority having the effect of terminating petitioner's services in accordance with law, atleast Principal has no jurisdiction to treat petitioner as automatically terminated and direct him not to function as Class-III employee and handover charge to another person. In view thereof, order dated 31.07.2002 (Annexure-5 to writ petition), cannot be sustained.
6. Writ petition is allowed. Impugned order dated 31.07.2002 is hereby set aside.
Order Date :- 20.12.2018 AK