These are two connected petitions between the same parties based on the same set of facts.
Writ Petition no. 4036 of 2002 has been filed by the petitioners seeking a mandamus to command the respondents to pay their salary of L. T. Grade from the date of their appointment and to go on making payment of regular salary.
The relief is sought mainly on the ground that they were appointed by the committee of management on the respective post after following due procedure prescribed by law and despite the papers having been forwarded to the District Inspector of Schools, and since no decision has been taken within a period of sixty days, their appointment shall be deemed to be approved in view of Regulation 17 (g) of the Regulations framed under the U. P. Intermediate Education Act, 1921.
Writ Petition no. 501 of 2003 has been filed by the same petitioners seeking a mandamus to command the respondents to permit them to continue to work on the respective post and not to interfere in their functioning.
Heard Sri Pradeep Kumar, learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Gautam, who has entered appearance on behalf of Administrator functioning in place of the committee of management of the institution.
The main grievance of the petitioners is that their appointment has been made in accordance with the procedure prescribed by law yet they are not being paid salary for want of financial approval accorded by the District Inspector of Schools.
It appears that there was managerial dispute going on in the institution and the attestation of the signature of the then manager who issued the advertisement under which the petitioners were selected and appointed was subsequently quashed by this Court. It is also stated that the said judgment came to be affirmed by the Hon'ble Apex Court.
It is also not disputed that at present there is no elected committee of management and the Administrator is managing the affairs of the institution.
However, the facts as they emerge from the pleadings of the respective parties are that undisputedly advertisement was issued on 24.7.1999 to fill up the vacancies of Assistant Teacher in L. T. Grade in the institution which is a minority institution. In pursuance to the said advertisement, the petitioners claim that selection proceedings were undertaken and their name was duly recommended for being appointed and accordingly, the committee of management issued them the appointment letters and the papers pertaining to the selection were duly forwarded to the District Inspector of Schools for according financial approval. Since till date, the District Inspector of Schools has not taken any decision in the matter, they are not being paid salary.
Since the District Inspector of Schools is under legal obligation to take a decision with respect to the approval on the basis of the papers forwarded to him by the committee of management after verifying the procedure adopted for such selection, the qualification of the candidate recommended for the appointment as well as other legal requirement and he cannot be permitted to postpone the statutory duty indefinitely.
Sri Pradeep Kumar, learned counsel for the petitioners, submits that under the same advertisement one Javed Iqbal was also selected for appointment as Assistant Teacher in L. T. Grade and when the District Inspector of Schools failed to take any decision, he also approached this Court by filing writ petition no. 516 of 2006 which was disposed of by this Court vide order dated 19.9.2008 with the direction to the District Inspector of Schools to consider and decide the case of the petitioner therein and pass a reasoned and speaking order either granting approval or disapproval within a specified period. He further submits that the case of the present petitioners made also be directed to be considered by the District Inspector of Schools.
In view of the above facts and circumstances of the case, it appears to be expedient in the interest of justice that the District Inspector of Schools be directed to consider the matter of approval of appointment of the petitioners expeditiously.
In view of the above, both the writ petitions stand finally disposed of with liberty to the petitioners herein to make separate representation with respect to their grievance before the District Inspector of Schools along with a certified copy of this order within a period of three weeks from today. In case any such representation is made, the District Inspector of Schools shall call for the record of the selection proceedings from the institution in question and after notice and opportunity of objection and hearing to the Administrator as well as the Principal of the institution as also the petitioners and pass a reasoned and speaking order either granting approval or disapproval as the case may be in accordance with law as expeditiously as possible, preferably, within a period of two months from the date of making of the representations.
It is being made clear that this Court has not considered or adjudicated the claim either of the parties on merits and it would be for the District Inspector of Schools to consider the same. The parties are free to raise whatsoever objections are available to them in accordance with law before the District Inspector of Schools and adduce relevant material and evidence in support thereof.
With the aforesaid observations and direction, both the writ petitions stand finally disposed of. However, there shall be no order as to costs.
Order Date :- 2.1.2012 Dcs