This writ petition was dismissed in default on 28.8.2006. Thereafter restoration application was filed on 23.9.2007. Inspite of it salary was received by/paid to the petitioner uptil June 2010.
In this writ petition the following interim order was passed on 27.8.1990:
"Let interim mandamus be issued directing the respondents to pay salary to the petitioner since February, 1988 till this date within a period of one month from today or to show cause."
It is very unfortunate that the District Inspector of Schools, Ballia instead of filing counter affidavit started paying salary to the petitioner. Moreover in the said order the direction to pay salary was only till the date on which order was passed i.e. 27.8.1990. The salary which was paid to the petitioner after 27.8.1990 was without any order.
The case of the petitioner as disclosed in the writ petition is that Shri Ram Vichar Pandey was an Assistant Teacher in Amar Saheed Shree Kaushal Kumar Uchatar Madhyamik Vidyalaya, Narayangara, Ballia (hereinafter referred to as College) who was subsequently selected and recommended by the U.P. Secondary Education Service Commission, Allahabad to be appointed as Principal of the College in the year 1987. Consequently a vacancy of Assistant Teacher arose in the college. Thereafter it is mentioned that District Inspector of Schools was informed but no appointment was made hence committee of management left with no option but to notify the vacancy and thereafter petitioner was appointed (para-2 and 3 of the writ petition). In this regard neither the date on which the information was sent to the District Inspector of Schools has been mentioned nor it has been mentioned that how vacancy was notified. It has also not been mentioned that what procedure of appointment was followed and how many persons participated in the said process. It is mentioned that appointment was approved by D.I.O.S., Ballia on 1.9.1987 (para 4 of the writ petition). Copy of appointment letter dated 1.9.1997 is Annexure-1 and of approval dated 1.9.1987 Annexure-2 to the writ petition. It is in-conceivable that on the date on which approval was granted by the D.I.O.S., appointment letter could be issued. Moreover, in the top of Annexure-1(appointment letter) the date is mentioned as 1.9.1987 and at the bottom the date mentioned is 31.8.1987. In the counter affidavit filed by the State, it has been stated that approval was granted by the D.I.O.S. and the order (Annexure-2) is forged. Moreover photostat copy of the alleged approval order of the D.I.O.S. has also not been annexed. Annexure-2 is only typed copy.
It was further stated in para-7 of the writ petition that salary from September, 1987 to January, 1988 was paid to the petitioner. Alleged Salary Bill of January, 1988 has been annexed as Annexure-3 to the writ petition. A Supplementary counter affidavit has been filed alongwith application dated 1.12.2010 by the Assistant District Inspector of Schools. It has been denied that the appointment of the petitioner was approved or salary was ever paid to the petitioner. Correctness of Annexure-3 to the writ petition (Salary Bill) has also been denied. In Annexure -3 to the writ petition itself the signatures of Manager and Principal are there but the portion meant for signatures of D.I.O.S. is blank. It clearly means that petitioner played a fraud upon this court and thereby obtained the interim order. Annexure-4 to the writ petition is typed copy of a letter dated 2.3.1988 allegedly written by the D.I.O.S. In the said letter it is mentioned that three teachers were irregularly appointed and their salary was being stopped. The authenticity of this letter has also been denied and it has been stated that it is false and non-existent document. Petitioner had not filed even the photostat copy of the said letter. Its denial is in para-6 of the Supplementary counter affidavit dated 4.5.2011 filed by D.I.O.S., Ballia.
The alleged appointment even if made in the manner as mentioned in the writ petition was utterly illegal. There is no allegation that vacancy was intimated to the Commission. Even date of vacancy intimation/notification to the D.I.O.S. has not been mentioned. No procedure as mentioned under First Removal of Difficulties Order was followed. Even otherwise the appointment if made as alleged was illegal as held by the Full Bench of Radha Raizada vs. Committee of Management 1994 (3) UPLBEC 1551.
The writ petition was filed on the basis of non-existent fake documents. All the D.I.O.S. who paid salary to the petitioner were hand in glove with him.
Accordingly, whatever salary has been paid to the petitioner till date, 50% of the same shall be recovered like arrears of land revenue from him and remaining 50% shall be recovered proportionately from the salary, retiral dues and other properties of all those District Inspector of Schools who have been posted at Ballia during the period when salary was paid to the petitioner.
Writ petition is therefore dismissed with the above observations.
Order Date :- 11.7.2011 RS