Order passed by the District Inspector of Schools, Mirzapur, dated 19.5.2017 is assailed in this petition, whereby benefit of higher pay scale consequent upon introduction of 6th pay commission report has been declined. The order impugned records that petitioner's initial appointment was bad in law and since he has not worked from 2.4.2009 to 18.5.2015 and his attendance from 15.2.2006 to 30.6.2007 since was manipulated as such he is not entitled to arrears and enhanced salary. The order is assailed on the ground that previous order of termination passed by the authorities has already been set aside by this Court and a categorical finding is recorded that petitioner's appointment was duly approved, and therefore, it is not open for the respondents to deny payment of higher salary as per the revised pay commission report.
Perusal of the record would go to show that petitioner's appointment was earlier cancelled on 28.4.2009 by the Principal of the institution. This order was challenged in Writ Petition No.23887 of 2009. Operative portion of the order dated 6.4.2015 passed in the earlier writ petition reads as under:-
"The appointment of the petitioner has been approved by the District Inspector of Schools , Regional Level Committee and the Joint Director of Education, Vindhyachal Region. Those orders have not been cancelled. In fact in one of the writ petition filed by the complainant Sandeep Kumar Pandey, it was disposed of by a direction to the authority concerned to adjudicate the matter. In compliance thereof the appointment of the petitioner was found legal. Therefore, the State Government ignoring these material facts and the order and the Commissioner without application of mind has issued the direction for cancellation of the appointment of the petitioner.
In view of the above discussion I hold that the State Government does not have any power under sub. section (4) of Section 9 of the Act No. II of the 1921, in respect of recruitment of teachers or non teaching staff or Class IV employees as the power is vested to various educational authorities in respect of recruitment of the teachers and non teaching staff.
After careful consideration of the material on record I am of the view that the termination order passed by the Principal of the College in compliance of the order of the State Government, Joint Director and the District Inspector of Schools are patently illegal and arbitrary.
All the three impugned orders need to be set aside. It is accordingly set aside.
The appointment of the petitioner has already been approved by the District Inspector of Schools and Regional Committee. Those order have not been recalled or cancelled. Therefore, there is no need to send the matter to competent authority.
A direction is issued to the respondents for continuance of petitioner, treating the impugned orders as they have never been passed.
Writ petition is allowed.
There shall be no order as to costs."
The above direction contained in the order dated 6.4.2015 has already attained finality. The operative portion of the order clearly records that petitioner's continuation would be treated as unhindered treating the impugned orders to have never been passed. Once that be so, the question of petitioner having not worked from 2009 to 2015 becomes meaningless. It is otherwise on account of the orders passed by the authorities that petitioner was prohibited from working. In view of the order passed this Court, the authorities cannot draw adverse inference against the petitioner for not having worked from 2009 to 2015. The order in fact is clearly in deterioration of the direction issued by this Court, and therefore, cannot be sustained. So far as the initial working is concerned, such aspect has already been commented upon by this Court in the order passed in the earlier writ petition and his appointment was also approved. The observation and finding of this Court in Writ Petition No.23887 of 2009 having attained finality, the authorities are estopped from acting contrary to the directions issued by this Court.
Writ petition, consequently, succeeds and is allowed. Order dated 19.5.2017 stands quashed. District Inspector of Schools shall act in terms of the previous order passed by this Court in Writ Petition No.23887 of 2009 and the petitioner would be entitled to benefit of revised pay scale as per the 6th and 7th pay commission report from the date such benefits have been granted to other teaching and non-teaching employees of the institution.
Order Date :- 24.2.2021 Anil