Allahabad High Court
Vijai Kumar Rai vs State Of U.P. And Others. on 1 June, 2012
Bench: B. Amit Sthalekar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- WRIT - A No. - 8211 of 1994
Petitioner :- Vijai Kumar Rai
Respondent :- State Of U.P. And Others.
Petitioner Counsel :- J.P.Singh
Respondent Counsel :- S.C.
Hon'ble B. Amit Sthalekar,J.
This writ petition has been filed by the petitioner for a direction in the nature of mandamus commanding the respondents to accord financial sanction to the appointment of the petitioner as assistant teacher L.T. grade with effect from 16.11.1990 and also to pay arrears of salary for the period from 16.11.1990 up to May, 1992.
There is an institution known as Ganga Prasad Inter College, Jagdishpur, district Azamgarh, which is stated to be recognized and is also receiving grant-in-aid and is governed by the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed thereunder and the U.P. High School and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971.
The case of the petitioner is that he was appointed as assistant teacher L.T. grade in the institution on 16.11.1990. This appointment was made on ad-hoc basis under the provisions of Section 18 of the Act, 1982. The petitioner joined the service on 16.11.1990 and is working continuously since then. The papers relating to the selection of the petitioner were also forwarded to the District Inspector of Schools, Azamgarh and the approval is also stated to have been granted and the petitioner is receiving salary since 31.03.1992. However, when no orders were being passed by the District Inspector of Schools, the petitioner filed a writ petition no.1305 of 1992, which was disposed of by this Court vide order dated 31.03.1992 with a direction to the respondent no.1, the District Inspector of Schools, Azamgarh to pay salary to the petitioner continuously till the regular candidate is selected by the Commission. Accordingly, the respondents commenced payment of salary to the petitioner and the financial sanction has also been accorded to the appointment of the petitioner with effect from 20.06.1992. The contention of the petitioner is that during the pendency of this writ petition his services have been regularised by order dated 04.06.2001 and he has also been granted selection grade on completion of ten years' satisfactory service as L.T. grade teacher.
I have heard Sri J.P. Singh, learned counsel for the petitioner and learned Standing Counsel appearing for the respondents no.1 and 2. None appears for respondent no.3.
From the facts narrated above, which are not disputed between the parties, the only question which now remains for adjudication by the Court is with regard to the payment of salary to the petitioner for the period from 16.11.1990 up to March, 1992.
It is not in dispute between the parties that the petitioner was appointed as L.T. grade teacher on 16.11.1990 in pursuance of which he gave his joining the same day. The papers relating to the selection process of the petitioner were also forwarded to the District Inspector of Schools for according approval and when the matter was being unnecessarily delayed, the petitioner had to file a writ petition no.1305 of 1992 which was disposed of by this Court vide order dated 31.03.1992 with a direction to the District Inspector of Schools, Azamgarh to pay salary to the petitioner regularly. This order was complied with and financial approval of the appointment of the petitioner was also granted by the District Inspector of Schools on 20.06.1992 and the petitioner is now continuously receiving salary. He has also been granted promotion in the selection grade after completion of ten years' continuous satisfactory service in L.T. grade and his services have also been regularised by order dated 04.06.2001 during the pendency of this writ petition.
Since the delay in granting financial approval was caused by the District Inspector of Schools and financial approval was ultimately granted to the appointment of the petitioner on 20.06.1992 and that too only when he had to file the writ petition and this Court had to direct the District Inspector of Schools, Azamgarh to pay salary to the petitioner, therefore in the circumstances there does not appear any justification for not paying salary to the petitioner for the period from 16.11.1990 up to March, 1992 solely on the ground that the present writ petition is pending before this Court. This is a matter which could have been decided by the District Inspector of Schools by a proper and reasonable application of mind rather than compel the petitioner to agitate his matter before the Court.
In the circumstances, this writ petition is allowed with a direction to the respondent no.1 to pay the arrears of salary to the petitioner for the period from 16.11.1990 up to March, 1992 to the post of L.T. grade teacher. This exercise shall be completed by the respondent no.1 within a period of two months from the date a certified copy of this order is received by the respondent no.1.
Order Date :- 1.6.2012.
Rks.
