Allahabad High Court
Raj Kamal Pandey vs State Of U.P. & Orhters on 30 July, 2012
Bench: Rajes Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - A No. - 14150 of 2001
Petitioner :- Raj Kamal Pandey
Respondent :- State Of U.P. & Orhters
Petitioner Counsel :- Vimal Chandra Mishra
Respondent Counsel :- C.S.C.
Hon'ble Rajes Kumar,J.
It appears that one Sri Ram Niranjan Dwivedi was working as a permanent Assistant Teacher in L.T. Grade. He has been promoted as ad hoc lecturer in History in the year 1994. On account of promotion of Sri Ram Niranjan Dwivedi as a lecturer in History, short term vacancy arose. To fill up the short term vacancy, an advertisement was made in two newspapers on 9.8.1994 and 11.8.1994. In pursuance of the advertisement the petitioner applied for the post of Assistant Teacher. The petitioner has been appointed vide letter dated 12.9.1994. It appears that ad hoc promotion of Sri Ram Niranjan Dwivedi was not approved by the District Inspector of Schools. It appears that the Committee of Management has sought financial approval of the petitioner's appointment. When the approval has not been granted and the salary was also not being paid to the petitioner, the petitioner filed representation and when the representation has not been decided, the petitioner filed Writ Petition No. 29396 of 2000 wherein a direction has been given to the District Inspector of Schools to decide the representation of the petitioner dated 17.11.1995. The District Inspector of Schools vide order dated 3.2.2001 has rejected the claim of the petitioner. The claim of the petitioner has been rejected on the ground that there was no sanctioned post for the Lecturer and, therefore, the promotion of Sri Ram Niranjan Dwivedi was not in accordance to law. It appears that ad hoc appointment of Sri Ram Niranjan Dwivedi, on the post of Lecturer History, has not been approved by the District Inspector of Schools against which he filed Writ Petition No. 41138 of 2003 which has been dismissed vide order dated 9.5.2005. In the writ petition, there was no interim order in favour of Sri Ram Niranjan Dwivedi. Against the order of the learned Single Judge, Special Appeal No. 759 of 2005 was filed in which the Division Bench of this Court has stayed the operation of the order of the District Inspector of Schools dated 16.8.2003 and the order of the learned Single Judge with the rider that in case if the aforesaid order dated 16.8.2003 passed by the District Inspector of Schools, Allahabad has not been implemented. The petitioner filed the present writ petition challenging the order dated 3.2.2001. The writ petition was entertained and as an interim measure it is directed that if the petitioner is working as Assistant Teacher in Krishna Intermediate College, Garaiya, Allahabad he shall be permitted to work. However, the question of payment of salary shall be considered after the exchange of the counter and rejoinder affidavits between the parties.
Learned counsel for the petitioner submitted that in view of the order the petitioner is working as Assistant Teacher and, therefore, he is entitled for the salary.
Learned Standing Counsel submitted that the petitioner's appointment was against the short term vacancy on account of promotion of Sri Ram Niranjan Dwivedi and once the promotion of Sri Ram Niranjan Dwivedi has not been approved and he has been reverted back to the post of Assistant Teacher L.T. Grade and working on the said post the petitioner cannot be allowed to work on the said post inasmuch as the petitioner is not entitled for the salary of the Assistant Teacher L.T. Grade from the State Government as Sri Ram Niranjan Dwivedi is already getting salary for the post of Assistant Teacher L.T. Grade.
On these facts, let the learned Standing Counsel may verify that whether the petitioner is still working as an Assistant Teacher L.T. Grade and upto what period he worked as Assistant Teacher L.T. Grade. He prays for and is granted 10 days time to file supplementary affidavit.
List in the week commencing 13.8.2012.
Order Date :- 30.7.2012
OP
