Allahabad High Court
Chandra Pratap Singh And 2 Others vs State Of U.P. And 3 Others on 16 December, 2022
Bench: Ashutosh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
Judgment Reserved on : 29.08.2022
Judgment delivered on : 16.12.2022
Court No. - 33
Case :- WRIT - A No. - 926 of 2020
Petitioner :- Chandra Pratap Singh And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Kedar Nath Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Ashutosh Srivastava,J.
1. Heard Shri Kedar Nath Mishra, learned counsel for the petitioners, and learned Standing Counsel for the State-respondent.
2. By means of this writ petition, petitioners have prayed for issuance of a writ of mandamus commanding the respondents to ensure the payment of salary to the petitioners for the post of Assistant Teacher since their initial joining in the Institution in question forthwith.
3. Learned counsel for the petitioners submits that pursuant to the advertisement dated 27.8.2011 published in two daily newspapers Swatantra Chetna and Hindustan Ka Swarop, the petitioners have applied for the post of Assistant Teachers in Narain Laghu Madhyamik Vidyalaya, Akataha, Chhapauli, District Deoria. Learned counsel for the petitioners submits that one post of Headmaster and 4 posts of Assistant Teachers are sanctioned and approved in the Institution. On 3.7.2011, a meeting was convened to fill up 3 posts of Assistant Teacher, 1 post of Clerk and 1 post of Peon and proposal in this regard was sent to the District Basic Education Officer, Deoria who vide order dated 23.8.2011 granted prior approval to fill up the vacant post of 3 Assistant Teachers. A nominee was also appointed by respondent No. 2 on 12.9.2011. After following due selection process as contemplated under 1978 Rules, the petitioners were selected. Thereafter, papers were forwarded to the District Basic Education Officer on 19.9.2011 for according its approval. After lapse of one month as prescribed under rule 10 Sub Rule 5 (iii) when nothing was done by the Basic Education Officer, Deoria, the Manager has issued appointment letters to the petitioners in view of the deeming Clause of Rule 10 Sub Rule 5 (iii) of the Rules. The Manager of the Committee sent information about the joining of the petitioners to the respondent No. 2 with request to release the salary from the date of their joining. When salary was not released, the Manager of the Institution again sent reminder through registered post on 12.3.2013, 7.202018, but all in vain.
4. Learned counsel for the petitioners submits that petitioners are working in the Institution from the date of initial joining and discharging their duties satisfactorily, but they have not been paid salary. Learned counsel for the petitioners submits that Clause 3 of Payment of Salaries Act 1978 provided that salary of a teacher or other employees of an institution in respect of any period after the appointed date shall be paid to them. Learned counsel for the petitioner submits that respondent authorities are under the statutory obligation to pay the salary to the petitioner for the post of Assistant Teaches as the petitioners are performing and discharging their duties in the Institution in question since 29.10.2011 and 31.10.2011 without any break till date.
5. Learned counsel for the petitioners has placed reliance upon judgment of this Court in the case of Committee of Management Adarsh Janta Madhyamik Vidhyalaya and another Vs. State of U.P., Writ-A No. 10509 of 2019 in the regard, wherein this Court has held that process of selection initiated prior to the date of issuance of the Government Order will not come in the way of approval of such appointment.
6. Learned Standing Counsel by filing of counter affidavit submits that all the petitioners were appointed by the Committee of Management without obtaining approval from the District Basic Education Officer, Deoria. He further submits that the State Government has issued a Government Order on 21.10.2021 by which it has stopped the selection proceedings in the Uttar Pradesh Recognized Basic (Junior High School). It has been further contended that as per 7th Amendment in the U.P. Recognized Basic School (Junior High School) (Service Condition of Recruitment of Teachers) Rule, 1978, notified from 4.12.2019, the right of the Committee of Management for appointment of the teachers has been abolished and after publication of the aforesaid amendment the new teachers shall be appointed in accordance with the amended Rules. Learned Standing Counsel submits that since all the petitioners are appointed by the Committee of Management and the papers relating to their appointments are not available in the department therefore, the petitioners are not entitled for any salary from the State Exchequer.
7. I have heard learned counsel for the parties and perused the record.
8. Perusal of the record reveals that petitioners were appointed by the Institution after getting prior approval from the District Basic Education Officer, Deoria vide letter dated 23.8.2011 (Annexure-3 to the writ petition) and after appointing nominee by the District Basic Education Officer. A letter for approval to the appointment of petitioners under the signatures of Principal & Manager of the Institution as well as Block Education Officer, Gauri Bazar, Deoria had already been sent to the District Basic Education Officer, Deoria on 19.9.2011. So, the stand taken by the respondents that prior approval was not obtained does not merit consideration.
9. This Court finds that the Government Order dated 21.10.2019 does not bars the selection process which has been completed prior to its coming into force and therefore, argument of the petitioners are liable to be accepted.
10. In view of the law laid down by the Court in the case of Committee of Management Adarsh Janta Madhyamik Vidhyalaya (supra) the Respondent No.2, District Basic Education Officer, Deoria, is directed to grant approval to the appointment of petitioners on the post of Assistant Teacher in the institution in question, within a period of two weeks from the date of production of certified copy of this order before him.
11. The petitioners are entitled for their salary and other service benefits from the date of their joining in the Institution.
12. This writ petition is allowed.
Order Date :- 16.12.2022
Ravi Prakash
