Arun Tandon, J. - (1.) HEARD Sri. Rajeev Mishra, Advocate for the Committee of Management, Rashtriya Krishak Inter College, Sri. R.K. Ojha, Advocate for Ram Sanehi and learned Standing Counsel for the State -respondents. Facts on record of these five writ petitions, which are interlinked, are a classic example as to how the employer, employee and the office of the District Inspector of Schools and the Regional Joint Director of Education play with the statutory provisions and thereby create a situation, where the public money which could have been utilized for better purpose, is in fact paid as salary to a person not legally entitled to it, thereby defrauding the public exchequer. Statutory provisions applicable are rendered waste paper by these four players in the game.
(2.) ALL these petitions have been clubbed together and are being decided by this common judgment. 2A. Facts on record of these writ petitions are as follows: Rashtriya Krishak Intermediate College, Sudipur, Basti (hereinafter referred to as the "institution") is an aided and recognized Intermediate College. Provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the "Act, 1921" and the regulations framed thereunder as also the provisions of Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as the "Act, 1971" are fully applicable to the said institution. One Mr. "A", who was working in the institution, expired in 1992. His son was appointed on a superannuary post as Class IV employee. Father of Ram Sanehi, who was working as Class IV employee in the institution expired in 1994. Son of Mr. "A" was adjusted against the said vacancy. There is no dispute in that regard. Ram Sanehi set up a claim for compassionate appointment in the institution and this claim remained pending for full 5 years. An order dated 27th February, 1999 was passed by the District Inspector of Schools, Basti, offering compassionate appointment to Ram Sanehi in the institution itself against a superannuary post as Class IV employee. Ram Sanehi is stated to have joined the institution on the superannuary post on 27th February, 1999 and to have continued as such for years together. In 2004, an other employee, Mr. 'B', who was working as Daftri in the institution expired during harness. His son was offered compassionate appointment against the same post of daftri in 2004 itself by the employers on the asking of the District Inspector of Schools. Upto that stage, neither Ram Sanehi, nor the Committee of Management of the institution, nor the District Inspector of Schools raised any objection qua continuance of Ram Sanehi against superannuary post. Under Regulation 106 of Chapter III of the Regulations framed under the Act, 1921, Ram Sanehi had to be adjusted against the first available vacancy, not only in the institution but in any other recognized institution in the District of Basti. 3A. It is needless to record that all Class IV posts are required to be filled by direct recruitment only. Therefore, against the first available vacancy in District Basti on Class IV posts in recognized and aided intermediate college, Ram Sanehi should have been adjusted, so that his appointment in the institution against superannuary post should have been brought to an automatic end. But the employers, employee and the District Inspector of Schools know of no such statutory provision. All vacancies on Class IV posts in District Basti after 1999 were filled otherwise. Further another person was appointed on compassionate ground against the vacancy which was caused in the institution in 2004, while Ram Sanehi was continued against superannuary post.
(3.) WHAT is worst to note is that from the counter affidavit filed by the District Inspector of Schools in writ petition No. 47432 of 2009, it is apparent that in 1999 itself at least 18 vacancies were caused in various recognized and aided institutions in District Basti but against none of these vacancies, Ram Sanehi was adjusted. Ram Sanehi himself did not raise any grievance within reasonable time for his adjustment against any available vacancy in the District Basti during all this period, which spans over more than 6 years.;