- (1.) The present Special Appeal has been filed under Chapter VIII, Rule 5 of the Rules of the Court, against the judgment and order dated 8.9.2009, passed by the learned Single Judge, whereby the learned Single Judge dismissed Civil Misc. Writ Petition No.39546 of 1992 filed by the petitioner-appellant.
(2.) The institution-in-question namely, Jawahar Lal Nehru Kisan Intermediate College, Gauspur, district Basti (hereinafter referred to as "the institution-in-question") was earlier Junior High School. It was up-graded upto High School on 31.8.1981. The case of the petitioner- appellant as set up in the said Writ Petition is that the petitioner-appellant was appointed as an Assistant Teacher in C.T. grade for teaching Art; and that the selection of the petitioner-appellant was done by the Selection Committee and the papers were sent to the Committee of Management for its approval, and thereafter, as per the requirement of the relevant rules, the papers were sent to the District Basic Education Officer for his approval on 28.7.1981; and that the said papers in regard to the appointment of the petitioner-appellant were duly received in the Office of District Basic Education Officer, Basti on 28th July, 1981 itself; and that as the District Basic Education Officer, Basti failed to communicate his decision within 30 days from the date of receipt of the said papers, the appointment of the petitioner-appellant stood deemed approved in view of the provisions contained in Rule 10 of the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Services of Teachers) Rules, 1978 ( in short " the 1978 Rules") framed under the Uttar Pradesh Basic Education Act, 1972 ( in short " the 1972 Act"). It is further averred in the Writ Petition that on 1.10.1981, the District Basic Education Officer, along with the appointment of other teachers, duly approved the appointment of the petitioner-appellant. Copy of the said letter dated 1.10.1981 appears at page No.73 of the Paper Book of the Special Appeal. It is further averred in the Writ Petition that in pursuance of the said letter dated 1.10.1981, the petitioner-appellant reported for duty, and since then, the petitioner-appellant had been duly discharging his duly as an Assistant Teacher in C.T. Grade. It further appears that with effect from 1.4.1991, the institution-in-question came on grant-in-aid list, and the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (in short " the Salaries Act, 1971") became applicable. Inquiry in regard to the payment of salary to the teachers and non- teaching employees working in the institution-in-question was made. The Manager/Principal of the institution-in-question sent communication dated 4.10.1991 (appearing at page No.76 of the Paper Book of the Special Appeal) to the District Inspector of Schools, Basti, wherein the name of the petitioner-appellant was mentioned at serial No.13, as Assistant Teacher. The District Inspector of Schools, Basti sent a communication dated 5/6.3.1992 (appearing at page no.82 of the Paper Book of the Special Appeal) in regard to the teachers of the institution-in-question, who were to be paid salary under the Salaries Act, 1971 with effect from 1.4.1991.
(3.) Subsequently, it appears that the District Inspector of Schools, Basti, issued a notice dated 29.7.1992 to the petitioner-appellant, requiring the petitioner-appellant to show cause as to why his name be not removed from the list of teachers covered under the Salaries Act, 1971. It was, inter-alia, stated in the said notice that the approval letter dated 1.10.1981 was a forged letter and on the basis of the said forged approval letter, the petitioner-appellant succeeded in getting the payment of salary under the Salaries Act, 1971, which was not permissible. The said show cause notice dated 29.7.1992 appears at page No.97 of the Paper Book of the Special Appeal. The said show cause notice dated 29.7.1992 was subsequently modified by the communication dated 11.8.1992 ( appearing at page No.100 of the Paper Book of the Special Appeal).;