Satish Chandra, C.J. - (1.) The post of a Chaukidar in the S.K. Inter College, Baudaun fell vacant because of the death of the then incumbent Iqbal Husain. Sri D.S. Chauhan who was at that time officiating as Principal of the college, asked the local Employment Exchange to send names of eligible candidates for the post of Chaukidar. Eleven names were sent, they where asked to appear at the in review which was fixed for 31st January, 1981. Some out of the eleven candidates appeared and they were interviewed by the principal. After the interview, the principal selected the petitioner as a suitable candidate. In due course by a written order he was appointed as Chaukidar of the college. The petitioners grievance is that though he had been appointed and though he was-working on the post over since his appointment but the District Inspector of Schools was not paying his salary. On the other hand, he has passed an order on 18th February, 1981 refusing to pay the petitioners salary.
(2.) Learned standing counsel submits that the order of appointment of the petitioner was invalid because the Inspectors approval was not obtained. The learned counsel has not been able to invite our attention to any regulation which requires approval of the Inspector for appointment of a person to the post of Chaukidar which is a class IV post. This argument hence has no merit. It was then submitted that Sri Chauhan could not validly officiate as principal because he was not the seniormost teacher. He that as it may. It has not been disputed that Sri Chauhan was in fact working as an officiating principal and as such he could make the appointment. It was then urged that the Government orders with regard to reservation for the scheduled caste candidates was violated. It appears that fourteen posts of class IV employees had been sanctioned for this college. In accordance with the Government Orders 18 per cent had to be filled in from the scheduled caste. According to the petitioner there were three schedule caste hands working in the college, but in the counter-affidavit it is mentioned that there were only two, with the result that there was one vacancy in the scheduled caste quota. Be that as it may, the petitioner has also alleged and the allegation has not been controverted that of-the persons who were asked to appear at the interview, one was a scheduled caste candidate. But he did not turn up at the interview. There was hence no scheduled caste candidate available for being appointed on the post. The Government G.O. dated 12th July, 1978 does not say that the post should be kept vacant even if scheduled caste candidate is not available to fill in the quota of reservation. Accordingly it cannot be said that the appointment of the petitioner was illegal. He was hence entitled to payment of his salary.
(3.) The writ petition succeeds and is allowed. The respondents are directed to pay to the petitioner his due salary from month to month including the arrears that may be due to him from the date of his appointment. We, however, make no order as to costs. Petition allowed.;