The instant writ petition was filed for issuance of a writ, order or direction in the nature of mandamus commanding the opposite party no.3 to release the salary of the petitioner on the post of Assistant Teacher L.T. Grade with effect from 01.12.2018 along with arrears of salary.
Brief facts of the case is that Intermediate College, Babaganj, Pratapgarh is a recognized Intermediate college by the Board of High School and Intermediate Education U.P. Allahabad and is governed by the provisions of Uttar Pradesh Intermediate Education Act, 1921 and the Regulations framed thereunder. Three clear vacant and sanctioned posts of Assistant Teacher L.T. grade fell vacant in the college of the opposite party no.5 due to the retirement of Sri Mohd. Assar, Sri Ram Kishore Pandey and sri Govind Singh. The requisition/information of the aforesaid vacancies were duly sent by the opposite party no.5 to the opposite party no.3 vide his prior requisition dated 8.9.2010.
The opposite party no.5 has initiated the process of selection by advertising the aforesaid posts in two newspapers in the issues of "Amritban" and "Lokmitra" on 10.10.2011 and demanded applications from eligible candidates within fifteen days. The petitioner applied in pursuance to the said advertisement. The opposite party no.5 held its meeting on 11.11.2011 and accepted the recommendation of the selection committee and resolved therein for the appointment of the petitioner on the said post. The opposite party no.5 issued appointment letter to the petitioner on 11.11.2011. The petitioner after receiving the appointment letter recommended for joining on 14.11.2011 and he joined on the said post in the college. The appointment of the petitioner along with all documents pertaining to his appointment was forwarded for approval along with covering letter of the manager of the college to the opposite party no.3. The opposite party no.3 has not passed any order on the approval which were forwarded by the college.
Being aggrieved petitioner filed writ petition no. 3403 (S/S) of 2012 before this Court, which was allowed with the bunch of writ petitions leading writ petition no. 3348 (S/S) of 2012, vide judgment and order dated 14.02.2013 with direction to the concerned district inspector of schools to make payment of salary to the petitioners, who are otherwise qualified and eligible to be appointed in accordance with law. The opposite party no.3 after inquiry relating to the records and also satisfied that the selection procedure and eligibility of the petitioner vide order dated 17.10.2016 released the salary of the petitioner. The petitioner is working continuously on the post on which was appointed and he was getting his salary under the Payment of Salary Act, 1971 up to 30.11.2018 It is stated that opposite party no.7 namely Achyutesh dwivedi was appointed on the post of Assistant Teacher L.T. grade on the subject of Sanskrit. The petitioner is teaching English subject to the students upto the High School from the date of his joining i.e. 14.11.2011 till date in the college of opposite party no.5. The opposite party no.7 is teaching Sanskrit to the students upto the High School in the said college with effect from 1.12.2018.
Learned counsel for the petitioner submitted that the petitioner was appointed by the committee of management after following due process of law as envisaged under the provisions of section 16E(11) of the U.P. Intermediate Education Act, 1921 on 14.11.2011 and is uninterruptedly working in the college of opposite party no.5 on the post of Assistant Teacher L.T. grade (English) with full satisfaction and supervision. Learned counsel for the petitioner specifically submitted that opposite party no.3 has illegally selected the opposite party no.7 in place of petitioner despite the fact that opposite party no.7 is not eligible to teach English subject to the students as he was appointed as Assistant Teacher L.T. grade (Sanskrit) and he is teaching Sanskrit subject to the students in the college of the opposite party no.5. It is further submitted that there is no qualified person in the college to teach English in the said college. He further submitted that the salary of the petitioner was illegally stopped from 1.12.2018 by the opposite parties. The action of opposite parties is illegal, arbitrary and without following the process of law.
Learned Standing Counsel appearing on behalf of the State-opposite parties vehemently opposed the submissions made by the learned counsel for the petitioner and submitted that on earlier occasion for the same issue the petitioner has filed writ petition no. 1768 (S/S) of 2019 before this Court and the same was dismissed as withdrawn vide order dated 30.07.2019 passed by the coordinate bench of this Court. The appointment of the petitioner was made by the management of the college and the same was not approved by the District Inspector of Schools as per statutes as required, therefore, the petitioner is not entitled to get salary from the State Exchequer. There are no substantial ground in the writ petition as also there is no force in the submissions made by the petitioner for issuance of the mandamus or any direction to the opposite parties to make payment of salary to the petitioner against the post on which he was not legally appointed by the opposite parties. The writ petition being devoid of any merit deserves to be dismissed.
Heard and perused the record.
From perusal of the record it is found that the petitioner was appointed on the post of Assistant Teacher L.T. grade by the management of the college. It is not in dispute that the appointment of the petitioner was not approved by the District Inspector of Schools as per the statutes. There is no document on record to show that the appointment of the petitioner was ever approved by the District Inspector of Schools, therefore, in view of the facts and circumstances stated above, I do not find an ground in the writ petition for issuing any mandamus to the opposite parties for making payment salary to the petitioner treating the petitioner as duly appointed Assistant Teacher L.T. grade in the respondent-college.
Accordingly, the writ petition being devoid of merit is dismissed.
Order Date :- 29.8.2019 Prajapati