Allahabad High Court
Virendra Kumar Verma vs State Of U.P.Through Secy ... on 18 September, 2023
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2023:AHC-LKO:59773
Court No. - 5
Case :- WRIT - A No. - 1711 of 2005
Petitioner :- Virendra Kumar Verma
Respondent :- State Of U.P.Through Secy Secondary Eduation
Counsel for Petitioner :- Alka Verma,Tabay Hazari,Upendra Prakash Pathak
Counsel for Respondent :- C.S.C.
Hon'ble Irshad Ali,J.
1. Today, the case is listed under the heading "THESE CASES SHALL NOT BE ADJOURNED"
2. The case is called out.
3. Sri Tabay Hazari, learned counsel for the petitioner has sent out of station slip, however, learned Additional CSC for respondent - State is present.
4. In view of heading of listing of the case to be "THESE CASES SHALL NOT BE ADJOURNED", this Court proceeds to decide the case.
5. There is an institution in the name of Shastri Udhogik Inter College, Kasimpur, District Ambedkar Nagar, which is recognized under the provisions of U.P. Intermediate Education Act, 1921 and is receiving aid from the State Government. It is admitted case of the petitioner that the District Inspector of Schools (DIOS) granted permission for running two additional classes in the college on 05.11.1982. On 11.06.1997, the DIOS further became pleased to give permission to college for conducting additional classes for Social Science. The management sent various letters requesting therein to create post of Assistant Teacher in Biology but no action was taken.
6. The post of Assistant Teacher, Biology was advertised on the notice board of the college. The petitioner applied for the post of Assistant Teacher, Biology. Appointment letter was issued to the petitioner on 25.10.2004. In pursuance thereof, the petitioner joined in the institution on 27.10.2000. Intimation in this regard was duly submitted to the DIOS. The petitioner is discharging his duties as Assistant Teacher in Biology since his initial appointment, however, he has not been paid salary from the grant of State Government. Therefore, he has preferred the present writ petition on the following prayers:
"I. writ, order or direction in the nature of mandamus directing the Opposite Parties No.1 and 2 to create the post of Assistant Teacher in Biology subject in the above mentioned college.
II. writ, order or direction in the nature of mandamus directing the Opposite Parties to pay the salary to the Petitioner according to Payment of Salaries Act, 1971, with retrospective effect since the date of his initial appointment in the said college.
III. Writ, order or direction in the nature of mandamus directing the Opposite Parties to pay the salary to the Petitioner regularly with admissible allowances as and when the same falls due.
IV. allow the Writ Petition with costs.
V. Such writ, order or direction as this Hon'ble Court may deem fit and appropriate in the circumstances of the case."
7. It is the case of the respondent that no post was sanctioned by the Director of Secondary Education in the subject of Biology and in absence of any post, the petitioner was granted appointment. In absence of sanction of post, the petitioner is not entitled for payment of salary.
8. In view of judgment rendered by full Bench of this Court in the case of Gopal Dubey Vs. District Inspector of Schools; (1999) 1 UPLBEC 1, law is very much settled that in case the post is not sanctioned, no appointment can be made nor payment of salary can be claimed by the teachers appointed in an institution receiving grant in aid from the State Government.
9. The petitioner has been granted appointment on the permission granted by the DIOS for running the additional classes and no post was sanctioned.
10. In view of above, the writ petition lacks merit and is hereby dismissed.
Order Date :- 18.9.2023
Adarsh K Singh
