V.K. Shukla, J. - (1.) CIVIL Misc. Writ Petition No. 34274 of 2009 has been filed by Hriday Kant Tiwari, officiating/adhoc Principal of Amar Shaheed Bhagat Singh Inter College, Rasra, Ballia, questioning the validity of action taken transferring Ramayan Singh as Principal of Amar Shaheed Bhagat Singh Inter College, Rasra, Ballia. Civil Misc. Writ Petition No. 62578 of 2009 has been filed by Ramayan Singh, questioning the validity of order dated 10.11.2009 passed by Additional Director of Education (Secondary) cancelling the transfer of Ramayan Singh as Principal of Amar Shaheed Bhagat Singh Inter College, Rasra, Ballia. Civil Misc. Writ Petition No. 12480 of 2010 has been filed by Ramayan Singh, requesting therein for ensuring his salary as Principal.
(2.) BRIEF background of the case, as is reflected from the record, is that advertisement No. 1 of 2002 was issued by the U.P. Secondary Education Service Selection Board, Allahabad, for making selection and appointment on the post of Principals in recognized institutions. Select panel was notified on 24.12.2002, wherein names of Ramayan Singh, Ashwani Kumar Upadhyaya and Sahajanand Singh were empaneled at serial Nos. 1,2 and 3 respectively, for the post of Principal at Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia. The District Inspector of Schools on 18.01.2003 asked the Manager of the Committee of Management of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia, to issue appointment letter and to ensure joining of Ramayan Singh as Principal in his institution, and said appointment was to abide by the outcome of Special Appeal pending in this Court. As per Ramayan Singh, the Manager of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia was not at all interested in his joining in his institution, as such he apprised this fact to the District Inspector of Schools, and the District Inspector of Schools again on 05.03.2003 asked the Manager of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia to ensure compliance of the earlier order. Said letter was duly received by Management on 17.04.2003, but the directives issued therein were not complied with; same was followed by yet another letter dated 03.05.2003. Ramayan Singh's grievance is that the Manager of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia was bent upon not to comply with the orders passed by the District Inspector of Schools, Ballia and the District Inspector of Schools had been giving repeated directions in this regard, and ultimately when nothing was done, then on 14.05.2003, the District Inspector of Schools passed order attaching Ramayan Singh at his Office as Principal of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia. Pursuant to the said order Ramayan Singh reported his joining at the office of the District Inspector of Schools as Principal of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia, on account of non -co -operating attitude of the Manager of the said institution. Thereafter two letters dated 11.05.2003 and 20.05.2003, purported to have been issued by the Manager of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia, were received by the Petitioner on 30.06.2003, whereby Ramayan Singh was asked to produce his educational testimonials. Ramayan Singh submits that mala fides of the Manager of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia were clearly reflective from his conduct that on 20.06.2003, he permitted Ashwani Kumar Upadhyaya, who was empaneled at serial No. 2 in the select panel dated 24.12.2002, to join the institution as its Principal. Ramayan Singh submits that when he acquired knowledge of this activity of the Manager of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia, he made complaint to the Joint Director of Education and requested for cancelling the order dated 20.06.2003. Thereafter, the Joint Director of Education made queries and on 23.07.2003 proceeded to cancel the said illegal joining of Ashwani Kumar Upadhyaya as Principal of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia. Against the said order of the Joint Director of Education dated 23.07.2003, Ashwani Kumar Upadhyaya preferred writ petition and the same was dismissed by this Court on 29.10.2003. Aggrieved by the said judgment of this Court, Ashwani Kumar preferred Special Leave Petition No. 3778 of 2004 before Hon'ble Apex Court, and the Hon'ble Apex Court on 27.02.2004 passed an order for maintaining status -quo, and the said Special Leave Petition was connected with other Special Leave Petitions, including the case of Balbir Kaur, wherein entire selection on the post of Principals had been cancelled by Division Bench of this Court and the matter was pending before Hon'ble Apex Court. Ramayan Singh also filed S.L.P. No. 2334 of 2002, wherein order of status -quo was passed on 18.12.2003. It appears that Ramayan Singh, whose attachment was continuing with the office of the District Inspector of Schools, Ballia, approached the authorities and the authorities on 26.06.2004 passed an order for accommodating Ramayan Singh in another institution, viz. Shri Yanuna Prasad Inter College Vidya Bahawan, Narainpur, Ballia. This adjustment of Ramayan Singh was questioned by the senior -most lecturer, Sri Rama Kant Singh by preferring writ petition before this Court, and the same was ultimately allowed on 04.02.2005, holding that there was no occasion for adjustment of Ramayan Singh, as there was already status -quo order passed by Hon'ble Apex Court dated 18.12.2003. Against the order dated 04.02.2005, Ramayan Singh preferred Special Appeal No. 174 of 2005, but the same was dismissed 0n 21.02.2005, and thereafter S.L.P. was preferred before Hon'ble Apex Court and the same was numbered as S.L.P. No. 6094 of 2005, and ultimately dismissed on 09.04.2005. Ramayan Singh claims that thereafter, he continued to remain attached at the office of the District Inspector of Schools, Ballia and received salary month by month. He further submits that on 06.06.2008 his signatures were attested by the District Inspector of Schools as Principal of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia, and thereafter, on 02.06.2009 he moved an application for his transfer from Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia to Amar Shaheed Bhagat Singh Inter College, Rasra, Ballia, and there was consent of Manager of Committees of Management and Prabandh Sanchalak of both the institutions. Thereafter, on 29.06.2009 order of transfer was passed and Ramayan Singh on 01.07.2009 joined as Principal at Amar Shaheed Bhagat Singh Inter College, Rasra, Ballia. Ramayan Singh submits that thereafter, on 03.09.2009 in writ petition No. 34274 of 2009 explanation had been called, in response to which instead of filing counter affidavit, without providing opportunity of hearing to the Petitioner, Ramayan Singh, order of his transfer had been cancelled on 10.11.2009, which is under challenge in writ petition No. 62578 of 2009. In both the writ petitions, viz. Writ petition No. 34274 of 2009 and writ petition No. 62578 of 2009 pleadings inter se parties have been exchanged, and thereafter, Ramayan Singh has preferred writ petition No. 12480 of 2010 praying for payment of his salary. As two writ petitions were pending and engaging attention of this Court, as such writ petition No. 12480 of 2010 was also directed to be connected with the same. This is how that all these three writ petitions have come up before this bench for hearing and disposal. Original record has also been summoned; same has been perused by the parties concerned and thereafter with the consent of the parties, all these three writ petitions have been heard together and are being decided by a common judgment.
(3.) SRI Rajeev Mishra, Advocate, representing Hridaya Kant Tiwari, Petitioner of writ petition No. 34274 of 2009, contended with vehemence that once Ramayan Singh had not been validly appointed as Principal of Baba Laxman Das Dwaba Rashtriya Inter College, Bairia, Ballia, and on admitted fact once no orders in black or white had been passed under Section 17 of U.P. Act No. 5 of 1982, then by no stretch of imagination, he could have been transferred to the Petitioner's institution under Regulations 55 to 62 of the regulations framed under Chapter III of U.P. Act No. 2 of 1921, and in such a situation and in this background transfer of Ramayan Singh as Principal to Amar Shaheed Bhagat Singh Inter College, Rasra, Ballia is a nullity and no credibility could be attached to the same.;