Allahabad High Court
Narsingh Bahadur Singh vs State Of U.P. And 4 Others on 24 June, 2021
Bench: Sanjay Yadav, Chief Justice, Vivek Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Chief Justice's Court
Case :- SPECIAL APPEAL DEFECTIVE No. - 352 of 2021
Appellant :- Narsingh Bahadur Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Appellant :- Pankaj Kumar Srivastava,Amit Saxena (Senior Adv.),Sasmita Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,Chief Justice
Hon'ble Vivek Agarwal,J.
(As per Vivek Agarwal, J)
1. Heard Sri Amit Saxena, learned Sr. Advocate assisted by Sri Pankaj Srivastava for the appellant and learned Standing Counsel for the State.
Civil Misc. Delay Condonation Application No. 1 of 2021.
2. Learned counsel for the appellant submits that there is delay in filing of the present special appeal, but the fact of the matter is that limitation prescribed for filing of special appeal under the Allahabad High Court Rules, 1952 is 90 days and, therefore appeal is within limitation. Thus no orders are required in the matter of delay condonation application.
3. This special appeal has been filed challenging the order dated 25.3.303 passed in Writ-A No. 151678 of 2020 whereby as an interim measure, learned Single Judge has directed that any further payment of salary to the petitioner shall be made only after final orders are passed by this Court in the present writ petition.
4. Counsel for the appellant submits that learned Single Judge has committed jurisdictional error in passing impugned order dated 25.3.2021.
5. It is submitted that petitioner was appointed on ad hoc basis in Chandra Shekhar Azad Inter College, Gaura, Mirzapur w.e.f. 1.7.1992 after following due process initiated through publication of an advertisement. The appointing authority had granted approval to the appointment of the petitioner w.e.f. 1.6.1994, but subsequently revoked the order of approval on 6.12.1999.
6. Petitioner challenged the order dated 6.12.1999 through Writ-A No. 51907 of 2007. During the pendency of the writ petition, order dated 7.11.2009 was passed approving regularization / appointment of the petitioner w.e.f. 20.1998, Vide order dated 1.12.2011, High Court held that in view of the order dated 7.11.2009 nothing survives in the writ petition and disposed of the writ petition in terms of the order passed by the respondents approving appointment of the petitioner as Assistant Teacher.
7. State Government had filed Special Appeal No. 1282 of 2012 challenging the order dated 1.12.2021. This special appeal was dismissed by the Division Bench of this Court vide its order dated 12.1.2018. Special Appeal was dismissed because learned Standing Counsel had not disputed that the order dated 7.11.2009 was neither cancelled by the State Government nor revoked.
8. District Inspector of Schools, District Mirzapur passed an order dated 24.5.2018 in compliance of the order dated 1.12.2011 passed in Writ-A No. 5107 of 2007 and order dated 12.1.2018 in Special Appeal No. 1282 of 2012 directing that petitioner be paid arrears of salary allegedly accrued in his favour since 1998.
9. Placing reliance on judgment of the Division Bench which had dismissed the special appeal, it is submitted that even if authorities of the State Government have decided to inquire as to whether appointment of persons like petitioner were made after following the due process and on proper verification of the documents, it is submitted that still order of co-ordinate bench accepting government stand of regularising the petitioner on the post of Assistant Teacher is w.e.f. 20.4.1998 has been maintained by the Division Bench and, therefore, without completion of inquiry and following due process of law, no orders could have been passed directing withholding of salary of the petitioner.
10. Thus impugned order having failed to take into consideration, order of Division Bench and the State Government stated that it has yet not been revoked the order of regularisation of learned Single Judge committed an jurisdictional error. Consequently, impugned order is set aside. Special Appeal is allowed in above terms.
Order Date :- 24.6.2021
S.K.S.
