Allahabad High Court
Ratan Singh And Another vs State Of U.P. And Others on 16 September, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:165211-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
SPECIAL APPEAL No. - 415 of 2013
Ratan Singh And Another
.....Appellant(s)
Versus
State of U.P. and Others
.....Respondent(s)
Counsel for Appellant(s)
:
Amit Saxena
Counsel for Respondent(s)
:
C.S.C.
Court No. - 39
HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J.
(Per: Arindam Sinha, J.)
1. Mr. Umesh Vats, learned advocate appears and files his power executed by appellants. He submits, recorded learned advocate has since been appointed Additional Advocate General. Hence, he has been briefed. Mr. Anubhav Chandra, learned advocate, Standing Counsel appears on behalf of State.
2. This intra-Court appeal has been preferred against order dated 24th January, 2013, as corrected. The learned single Judge while dealing with the writ petition, dismissed it upon reliance of view taken by the first Division Bench of this Court in Jagdish Singh Vs. State of U.P. reported in 2006 (3) AllLR 18.
3. On query Mr. Vats submits, his clients had sought arrears of salaries with effect from 18th February, 2008 to 9th September, 2010 and consequential relief. Prayer (I) in the writ petition is reproduced below.
"(I) Issue a writ, order or direction in the nature of mandamus commanding the respondents to pay the arrears of salary with effect from 18.02.2008 to 09.09.2010 within the period specified by this Hon'ble Court."
He then draws attention to his clients' appointment letters dated 18th February, 2008. The appointment letters were issued by Principal of the institution. Text of appointment letter of appellant no.1 is reproduced below.
"???? (??????? ????? ???? ?????? ???? ???? ?????, ?????- ????????, ????- ?????) ????? ???? ???? ?? ?? ?????? 17/02/08 ?? ??????????? ?? ???????? ???? ???, ??????? ??.2550/- ??. 3200/- ?? ???? ??? ?????? ?????? ???????? ???????? ???? ?? ?? ???? ???? ???
?????? 18/02/08 ?? ???????? ???? ?????? ???? ???? ???"
Text of appointment letter of appellant no.2 is also reproduced below.
"???? (??? ??? ????? ???? ??????, ??????- ?????? ?? ???????, ?????, ?????) ????? ???? ???? ?? ?? ?????? 17/02/08 ?? ??????????? ?? ???????? ???? ???, ???????-??.2550/- - 3200/- ?? ???? ??? ???????????? ???????? ?????? ???? ?? ?? ???? ???? ???
?????? 18/02/08 ?? ???????? ???? ?????? ???? ???? ???"
He submits, there has not been raised nor is there any dispute regarding his clients having joined on the date of appointment. The appointment letters were duly issued as upon selection of his clients, said so in the letters.
4. He then draws attention to order dated 10th September, 2010 made by the District Inspector of Schools (DI). He submits, this order came to be made upon his clients having prior thereto moved this Court for payment of their salaries. Pursuant to this order their salaries were paid from 10th September, 2010, date of the order, said to be of approval of appellants/ petitioners' appointment. He reiterates, his clients were duly appointed by appointment letters dated 18th February, 2008. He submits further, view in Jagdish Singh (supra) is not applicable to his clients. Impugned order be set aside and there be direction for payment of the arrears of salaries.
5. On query Mr. Chandra submits, regulation 101 of chapter III in U.P. Intermediate Education Act, 1921 was considered in Jagdish Singh (supra). Said regulation is also applicable to appellants' appointments and he reiterates, the approval came on order dated 10th September, 2010 made by the DI. He submits, the learned single Judge made no error on facts nor in law. The appeal be dismissed.
6. Regulation 101 is reproduced below.
"101. Appointing Authority except with prior approval of Inspector shall not fill up any vacancy of non-teaching post of any recognised aided institution:
Provided that filling of the vacancy on the post of Jamadar may be granted by the Inspector."
On query Mr. Vats submits, his clients were appointed as class-IV employees in post of Peon.
7. We have not been shown anything to demonstrate from order dated 10th September, 2010 of the DI that the appointment letters were issued without authority. Furthermore, we have also not been shown anything from said order that the selection process talked about in the appointment letters, was illegal or made though there was no vacancy/ requirement. Fact remains that State relies upon said order dated 10th September, 2010 as approval of the appointment. Applying regulation 101, it follows that the approval relates back to the date of appointment. It was a case of post facto approval. As such, appellants' claim on arrears of salary cannot be resisted. This must be the position since, there was no selection process resulting in appointment as on 10th September, 2010, for the approval to operate from the date it was made. In Jagdish Singh (supra) the Division Bench said in paragraph 12 (Supreme Today print) as will appear from a passage extracted and reproduced below.
"12. ............................... The word 'approval' as rightly contended by the learned standing counsel, is approval of certain action which has already been taken. ..................................................."
8. We find reason to set aside impugned order. Arrear salaries of appellants, accrued in the period between 18th February, 2008 and 9th September, 2010 be paid to them. Mr. Vats presses for direction on second prayer for interest. He submits, aggregate amount of arrear salaries accrued as up to 9th September, 2010 is not less than Rs. 2,40,513/- for each appellant. Considering this submission we direct payment of cost assessed at aggregate Rs. 40,000/-. In awarding so, we have taken into consideration appellants being out of pocket of their salaries, depreciation in value of the rupee and some amount spent by them on litigation. The aggregate of the arrear salaries and cost be paid to appellants within three weeks from communication of certified copy of this judgment.
9. The appeal is allowed and disposed of.
(Arindam Sinha, J.)
(Avnish Saxena,J.)
September 16, 2025
Gurpreet Singh
