- (1.) This petition has been filed under Article 226 of the Constitution of India with a prayer to quash the order dated 22nd July, 2006 passed by the Joint Director of Education (Secondary) Saharanpur Region, Saharanpur whereby claim of the Petitioner for payment of salary has been refused.
(2.) Janta Inter College, Lachhera, District Muzaffarnagar a recognized institution under the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) is governed by the provisions of the said Act as also the Rules and Regulations framed thereunder. Petitioner was selected on adhoc basis as Assistant Teacher L.T. Grade in August 1991 after due publication of advertisement. At that time the institution was not on the grant-in-aid list of the State. After the papers were forwarded to the District Inspector of Schools for approval and No. orders were passed thereon appointment letter was issued and the Petitioner was allowed to join in the institution. He started teaching w.e.f. 20th August, 1991. In the year 1998-99 the institution came into grant-in-aid list of the State w.e.f 01.12.1998. Some of the teachers duly appointed and working in the institution were not granted financial approval, after the institution came into the grant-in-aid list. As a result of which series of litigations cropped up. The Petitioner along with five other teachers who had been working in the institution but had not been granted financial approval represented to the authorities.
(3.) By order dated 24.06.2000 the Joint Director of Education (Secondary) Saharanpur declined to grant approval on the ground that the Petitioner and other teachers were appointed at the time when the State Government had imposed ban. Two writ petitions were filed against the said order dated 24.6.2000. Petitioner Upendra Singh and one Onkar Singh filed Writ Petition No. 30862 of 2000 whereas Mitra Pal, Lokendra Kumar and Sunil Kumar jointly filed Writ Petition No. 34517 of 2000. The only difference in the two set of teachers was that the Petitioner had been appointed under Section 18 of the Act against substantive vacancy whereas the other set of Petitioners had been appointed on adhoc basis against short term vacancies under the Removal of Difficulties Order 1981. Petitioners were granted an interim order on 1.8.2000 in the Writ Petition No. 30862 of 2000 whereby the Respondent No. 3 was directed to pay salary to both the Petitioners notwithstanding the order dated 24.6.2000. According to the learned Counsel for the Petitioner although salary was not paid to the two Petitioners however the said writ petition was allowed vide judgement and order dated 15.12.2004 on the ground that the ban did not effect the appointment of the Petitioners. The Court further directed the authorities to pass fresh orders. The operative portion of the order dated 15.12.2004 passed in Writ Petition No. 30862 of 2000 is quoted hereunder: The writ petition is consequently allowed. The order dated 24.6.2000, passed by the Joint Director of Education is set aside. He is required to decide the matter afresh, after taking into account the matter of approval of Petitioners appointments, he will give opportunity to the Petitioners and record finding with regard to the availability of vacancies eligibility and the procedure followed in making the appointment. In case the Petitioners were validly appointed, they shall be considered for inclusion in the list of approved teachers for payment of salary. The required consideration shall be taken as expeditiously as possible, and in any case within there from the date of communication of this order on the Joint Director of Education, Saharanpur Region, Saharanpur.;