Arun Tandon, J. - (1.) This petition is a classic example of how with the jugglery of proceedings before the High Court, persons nearly thrice the tota number of posts created for the institution under Section 9 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 have been successful in getting salary from State exchequer and the enquiry report of the Secretary of the Education Departmen recording the said fact has been rendered a waste paper.
(2.) In Writ Petition No. 25407 of 2007, it was brought on record before the Court that against 15 sanctioned post of teachers and employees in Field Marshal General Manik Shah Intermediate College, Nautan Harhiya Garh, District Deoria, 79 teachers in all 104 employees were being paid salary from the State exchequer. The averment was shocking and, therefore, the writ Court passed a reasoned order on 25.5.2007 requiring the Secretary, Secondary Education to conduct an enquiry and to ensure that unauthorized payment made to the persons, not validly appointed against non sanctioned post is recovered and action is taken for the purposes against all responsible including the employees of the Government. An F.I.R. was also directed to be lodged if persons were found involved in criminal offence.
(3.) This Court further restrained payment of salary to the teachers and staff of the institution, till the next date of listing. The order dated 25.5.2007 reads as follows: "Petitioner is directed to implead Minister concerned as respondent No. 7 during the course of the day. Standing counsel has accepted notice on behalf of respondent Nos. 1 to 5. Issue notice to respondent Nos. 6 and 7 fixing 10.7.2007 as the date of appearance. In the facts stated in the writ petition are correct then they will amount to Government money is being looted by the Committee of Management of the institution in connivance with the education department of District Deoria. In para of the writ petition it is alleged that there are only 152 students enrolled in the institution recognized in the name and style "Field Marshal General Manik Shah Intermediate College, Nautan Harhiya Garh, District Deoria". The total sanctioned posts of teacher and employees in the institution is 15 only, while 79 teachers and in all 104 employees are being paid salary from public exchequer treating them to be employee of the institution. It is further stated that Manager of the institution is Ex Minister of State of U.P. and it is because of this that no educational authority has the courage to obstruct the illegal salary bill which are being submitted qua the teachers and staff of the institution against non sanctioned and non available posts. It has further been stated that a sum of Rs. 1,50,0,000/- has been released as arrears for payment of salary to the teachers and staff of the institution. This Court cannot be a mere spectator of such factual situation and more stringent action is required to be taken. Let Secretary, Secondary Education, U.P. Lucknow, summon the entire record from the Office of the District Inspector of Schools pertaining to the institution in question. He may also require the Manager of the institution to supply whatever records are available with the institution qua creation of posts and appointment of teachers and staff. After examination of records obtained from the Office of the District Inspector of Schools as well as those from the Committee of Manager of the institution, the Secretary, Secondary Education shall record categorical finding as to how many posts of teachers and staff have been created and as to how many teachers and staff are legally entitled for payment of salary. The Secretary, Secondary Education shall further examine as to how unauthorized payments against non sanctioned posts/ non available vacancies, have been made through public exchequer. He shall ensure that salary is paid to only those validly appointed and possessed of prescribed qualification. In case the Secretary, Secondary Education comes to the conclusion that large number of teachers and staff have been paid salary against non sanctioned posts or that their appointment are not in accordance with law, they are not possessed of prescribed qualification, he shall ensure that the loss caused to the State Government is recovered from the officers of the State Government namely Joint Director of Education, District Inspector of Schools, Finance and Audit Officer in the office of the District Inspector of Schools as well as Committee of Manager and teachers and staff who have been unauthorizedly paid the money. Against all such persons he shall lodge first information report and shall further ensure that investigation into the offence alleged is carried out with all promptness and no leniency is shown. The entire exercise, as indicated above may be completed by the Secretary, Secondary Education, Lucknow after affording opportunity of hearing to the District Inspector of Schools, Joint Director of Education, Accounts Officer, Manager of the Institution and other employees teachers concerned within six weeks. The Standing Counsel shall forward a copy of this order to the Secretary by 31st May, 2007. The report of the Secretary, Secondary Education, Lucknow and action taken shall be brought on record by means of an affidavit on or before 10.7.2007. It is further provided that till the Secretary, Secondary Education, records his satisfaction qua validity of the appointment of teachers and staff of the institution, no further payment of salary to the teachers and staff of the institution shall be made till the next date of listing. List on 10.7.2007.";