Rakesh Sharma, J. - (1.) HEARD Shri V.C. Mishra, learned Senior Counsel assisted by Shri Vivek Mishra, Advocate for the petitioner, learned Standing Counsel for the respondents No. 1 to 4 and Shri K. Shahi for the respondent No. 5.
(2.) AS per the learned Counsel for the petitioner, she was formally regularly appointed on the post of Assistant Teacher on 10.7.2007 in Mary Mother Junior High School (Balika), Rajeev Gandhi Nagar, Farrukhabad. This institution is recognised institution as per the provisions contained in U.P. Basic Education Act, 1972. Necessary formalities required for making direct recruitment as per the provisions of U.P. Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 were followed. The post was duly advertised and the Selection Committee was constituted after scrutinising the candidature of the candidates and the petitioner was formally regularly appointed. The management has sent the requisite papers to the respondent No. 3 vide letter dated 11.7.2007 seeking approval/financial sanction to the appointment of the petitioner on the post of Assistant Teacher. The respondent No. 3 vide an order dated 11.7.2007 accorded approval to the appointment of the petitioner on the post of Assistant Teacher in the aforementioned institution. The petitioner's name find place at serial No. 3 in the order of approval granted by the respondent No. 3. After grant of approval to the appointment of the petitioner, the paper seeking financial sanction were submitted and accordingly the respondent No. 2 vide an order dated 19.7.2007 accorded financial sanction to the appointment of the petitioner on the post of Assistant Teacher for the purpose of disbursement of salary under U.P. Junior High Schools (Payment of Salary of Teachers and other employees) Act, 1978. The respondent No. 3 in furtherance of these proceedings passed an order on 20.7.2007 directing the respondent No. 4 for payment of salary to the petitioner on the post of Assistant Teacher held by the petitioner in the aforesaid institution. Formal appointment order was accordingly issued and the petitioner assumed charge and settled started discharging duties, functions and responsibilities of the post of Assistant Teacher in the institution w.e.f 14.7.2007. Despite the fact that the petitioner is continuously discharging her duties on the post of Assistant Teacher in the aforesaid institution no payment of salary whatsoever has been made to the petitioner. This has compelled the petitioner to file the present writ petition, which was entertained on 10.7.2008 and Hon. Dilip Gupta, J. has passed the interim order. The operative portion of the interim order dated 10.7.2008 is quoted below: In view of the aforesaid, an interim mandamus be issued to the respondent No. 3 and 4 to either make payment of salary to the petitioner for the current month and continue to pay the future salary month by month or show cause by filing a counter affidavit within four weeks from today. The payment of salary for the earlier months shall be considered at the time of disposal of the petition. A counter affidavit has been filed in which it has been indicated that because of the order dated 20.1.2003 no salary can be paid to the petitioner. As far as selection and appointment of the petitioner is concerned no challenge had been made. The only hindrance which has caused non -payment of salary is existence of the Government Order dated 20.1.2003.
(3.) SHRI K. Shahi has also resisted the motion, highlighted the submissions put -forth in the counter affidavit. He has drawn the attention of the court to para Nos. 3, 4, 5 and 8 of the counter affidavit in support of his submissions.;