Court No. - 58
Case :- WRIT - A No. - 59078 of 2016 Petitioner :- Satya Prakash Rai Respondent :- State Of U.P. And 4 Ors.
Counsel for Petitioner :- Naresh Chandra Tripahti Counsel for Respondent :- C.S.C.,Pradeep Verma
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the District Inspector of Schools, Jaunpur, dated 2.4.2016, whereby petitioner's claim for grant of financial approval has been rejected on the ground that petitioner's appointment is not within the sanctioned strength of posts specified in terms of the Government Order dated 29.5.2013.
Petitioner claims to have been appointed on a Class IV post in Goverdhan Inter College, Muftiganj, Jaunpur. Petitioner claims his appointment against the post which had fallen vacant consequent upon promotion of one Shiv Murti Ram, who was working on class IV post, on 30.6.1998. The claim of petitioner for grant of financial approval was considered and rejected by the District Inspector of Schools vide order dated 13.7.2010. This order came to be challenged by the petitioner by filing Writ Petiiton No.2302 of 2011, which was allowed by this Court on 22.7.2015 with the following observations:-
"The aforementioned facts would eventually lead to conclusion to this Court that the petitioner was successively approaching this Court. Inspite of repeated directions issued by this Court the claim of the petitioner had not been decided. The petitioner was also compelled to file contempt petition in which initially notices have been issued but ultimately the same was consigned to record. It is no doubt that in the matter the DIOS, Jaunpur had initially granted permission to the Principal of the institution to proceed into the matter for appointment of Class- IV post by letter dated 26.7.1998, which has also been brought on record. In pursuance to the said letter advertisement was made on 1.8.1998. Therefore, at this stage it is apparent that the procedure had been adopted by the Principal of the institution for filling the post of Class-IV. The reasons best known to the institution still the controversy remains the same and inspite of repeated directions no concrete decision has been taken either by the District Inspector of Schools or by the Principal of the institution. Ultimately the claim of the petitioner had been rejected vide order dated 13.7.2010. No doubt detailed counter affidavit has been filed refuting the claim set out by the petitioner but it transpires that the report had been submitted by the Principal of the institution to the DIOS exparte without affording any opportunity and even the DIOS has also proceeded solely on the basis of the report submitted by the Principal of the institution.
It is also apparent that the objection which has been made through the counter affidavit, that at that point of time there was no vacancy, cannot be sustained on the ground that in the matter, when the post was fell vacant due to promotion of Shri Shiv Murti Ram w.e.f. 1.7.1998, immediately the Principal of the institution had intimated to the DIOS, Jaunpur regarding the said vacancy and also sought permission to fill up the Class-IV post by means of letter dated 4.7.1998. This can also be substantiated on the ground that Shri Shiv Murti Ram after being promoted from Class-IVth to Class-III had filed Writ Petition No.48992 of 2000 for payment of his salary, which was finally disposed of vide order dated 9.11.2000.
In view of the aforesaid facts and circumstances, the order impugned dated 13.7.2010 cannot be sustained and is hereby set aside. The writ petition is allowed. The matter is remanded back to the DIOS, Jaunpur to look into the grievance of the petitioner and pass appropriate order after affording opportunity to the petitioner and also scrutinising the complete papers. It is also expected in the matter that the institution would also make every endeavour and submit complete record to the DIOS so that early decision may be taken in this regard. The aforesaid exercise will be completed within a period of three months from the date of production of certified copy of this order."
It is thereafter that claim of petitioner has been considered and rejected by the order impugned.
Learned counsel for the petitioner submits that the strength of teaching and non teaching staff came to be determined by the State pursuant to a direction issued by this Court in Dhruv Narain Singh Vs. State of U.P. and others being Writ Petition No.26307 of 2010.
A supplementary affidavit has been filed stating that strength determined by the State was challenged by the Committee of Management by filing a writ petition and a direction was issued to the State to re-consider the matter. A subsequent Government Order has been issued by the State on 17.3.2017, as per which 12 posts of class IV employee in the institution was found to exist. Petitioner was within the sanctioned strength of class IV posts. It is stated that in such circumstances, the reason assigned to reject petitioner's claim cannot be sustained.
A counter affidavit has been filed by the Committee of Management supporting petitioner's claim. However, the State has opposed the petition on the ground already noticed above.
In view of the subsequent Government Order issued on 17.3.2017, the reason assigned in the order impugned that petitioner's appointment is beyond sanctioned strength as determined vide Government Order dated 29.5.2013 cannot be sustained.
Consequently, this writ petition succeeds and is allowed. The order dated 2.4.2016 passed by the District Inspector of Schools is quashed. The Inspector shall take a fresh decision with regard to grant of financial approval to petitioner's appointment, keeping in view the observations made above and the Government Order dated 17.3.2017, within a period of two months from the date of presentation of certified copy of this order.
Order Date :- 27.4.2018 Ashok Kr.