Devendra Pratap Singh, J. - (1.) THE following was passed on 25.4.2011. The following order was passed on 29.10.2010: 1. Heard learned Counsel for the parties.
(2.) THE Petitioner was appointed as an Assistant Teacher on 22.8.1991 in Jai Prabha Kanya Uchchatar Madhyamik Vidyalaya, Tillali (Baghuri) in district Ballia, which is a duly recognised and aided institution, after following due procedure prescribed under law. However, the salary was not being paid forcing him to file Writ Petition No. 15273 of 1992, and after exchange of pleadings, a learned Single Judge of this Court vide order dated 16th May 1997 allowed the writ petition holding that the appointment was valid and directed payment of salary if he is working in the institution. Though the Petitioner had started working from 23.8.1991, the District Inspector of Schools by the impugned order dated 16.4.1998 passed a consequential order, but directed that the salary would be paid from the date of the order itself. When this petition was entertained, the learned Standing counsel was granted time to file counter affidavit which was extended from time to time but no counter affidavit was filed. Ultimately the Court passed the following order on 1.10.2008: Heard counsel for the Petitioner as well as learned Standing Counsel. It has been stated by the counsel for the Petitioner that the Petitioner was appointed as an Assistant Teacher alongwith one Smt. Usharjita Pathak, but as the salary was not being paid to them as such they have preferred a writ petition in this Hon'ble Court, which was numbered as Writ Petition No. 15273 of 1992 and this Hon'ble Court, after exchange of pleadings, has recorded a specific finding that the appointments were made in accordance with the provisions of Section 18 of the U.P. Secondary Education Service Commission and Selection Board Act, 1982 and as such the District Inspector of Schools was directed to make the payment of the Petitioners' salary. In compliance of the orders of this Court, the Petitioner made a representation to the District Inspector of Schools praying therein for making payment of arrears of salary, which was rejected by the District Inspector of Schools inter alia on the ground that for the period in between the date of appointment and the date of approval, the salary is to be paid by the Committee of Management for which the Government is not responsible. List on 5th November, 2008 on which date the then District Inspector of Schools , Ballia, Smt. Lalita Pradeep shall appear in person before the Court to show cause as to how she sat over the orders passed by the High Court." However, on 5th of November 2008 it was pointed out that the concerned District Inspector of Schools had met with an accident and as such the matter was adjourned and when the matter was taken up on 5th of July, 2010, neither the counter affidavit was filed nor the District Inspector of Schools appeared. Ultimately the following relevant order was passed on 21.7.2010: Prima facie, the said view taken by the District Inspector of Schools is erroneous, inasmuch as, the writ petition was allowed on 16.05.1997. This judgment has become final. The District Inspector of Schools cannot therefore alter the date from which the Petitioner is entitled for payment of salary in terms of the judgment dated 16.05.1997. The District Inspector of Schools, Ballia shall therefore show cause within three weeks as to why the Court may not recommend disciplinary action to be taken against him as also the then District Inspector of Schools, who had passed the impugned order keeping in view the aforesaid status of the employment of the Petitioner which stands categorically saved in terms of the judgment dated 16.05.1997 as in the opinion of the Court, the action of the District Inspector of Schools under the impugned order is even otherwise contemptuous apart from being contrary to law. The cause may be shown by 2nd August, 2010 or in the alternative the Petitioner be released his salary. List on 2nd August, 2010.
(3.) ON 2nd of August 2010, again neither the counter affidavit was filed or payment made nor the District Inspector of Schools appeared and the matter was posted for 17th of August 2010 when the following relevant order was passed: Today the officer is present and states through learned Standing counsel that for compliance of the order, some time may be granted. Accordingly, list on 25.8.2010 by which time the order should be complied and affidavit to that effect be also filed giving the details of payment together with calculation.;