- (1.) WE have heard learned counsel for parties and perused the pleadings of writ petition. This writ petition has been filed to seek a limited indulgence of this Court that the petitioner, who had been appointed on the basis of payment on honorarium as a teacher in terms of Government order dated 7.4.1998, be paid salary from the date of his joining and not from the date of grant of sanction by the Director, Higher Education, U.P.
(2.) LEARNED counsel for the petitioner submitted that the petitioner was appointed in terms of Government order having fulfilled the eligibility requirements, therefore, he is entitled to get the salary from the date of joining. On the other hand, learned counsel for the State tried to justify the order. On due consideration of rival submissions, we are of the view that the petitioner is entitled to get the salary from the date of joining, for the committee of management of college, which was competent to issue advertisement and to carry out selection of teacher in the college, recommended the case of petitioner for approval of the Director, Higher Education after candidate's selection in accordance with the Government order dated 7.4.1998. It is not a case that the recommendation of committee of management was declined by the Director, Higher Education for any reason whatsoever. The recommendation was rather not acted upon, and therefore, the petitioner filed a writ petition, namely, Writ Petition No. 15753 of 2010, which was decided on 25.3.2010. In terms of the directions given in the order, the recommendation of the committee of management dated 7.8.2007 was granted approval, vide the order of Director, Higher Education, dated 12.11.2010. Thus, there was no defect in the order or laxity whatsoever on the part of the committee of management and if the Director, Higher Education did not approve the proposal or failed to act upon in time, the teacher cannot be made to suffer for the period he has worked. Thus, the petitioner - teacher would be entitled to get salary from the date of joining and not from the date of approval. Besides, the approval has been granted only on the recommendation dated 7.8.2007.
(3.) IN these premises, we direct that the respondents shall pay arrears of salary to the petitioner till the date from which he started getting honorarium. With the aforesaid direction, the writ petition stands disposed of.;