- (1.) Adarsh Uchchatar Madhyamik Vidyalaya (for short referred to as 'the institution') is a recognised institution under the Uttar Pradesh Intermediate Education Act, 1921. It is receiving grant-in-aid from the State Government and the provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 and the Uttar Pradesh Secondary Education Services Selection Board Act, 1982 are applicable to it. The petitioners herein claim to be duly appointed Assistant Teachers in L.T. grade on adhoc basis against sanctioned posts in the institution in pursuance of the approval granted by District Inspector of Schools on 1.10.1981. Later on the approval was cancelled by District Inspector of Schools vide order dated 26.3.1982 and the Management was directed to dispense with the services of the petitioners. Aggrieved thereby, Original Suit No.302 of 1982 was instituted by the petitioners in the court of Munsif East, Ballia for declaration of order dated 26.3.1982 passed by the District Inspector of Schools, Ballia as null and void and for permanent prohibitory injunction. The suit was contested by the District Inspector of Schools and the Committee of Management by filing separate written statements. The trial court initially granted temporary injunction in favour of the plaintiffs keeping the order dated 26.3.1982 in abeyance and ultimately, the suit was decreed in part by judgment dated 5.5.1983 and the order of District Inspector of Schools dated 26.3.1982 was declared null and void. The judgment of the trial court was not challenged by the State of U.P., which was defendant no.3, nor by District Inspector of Schools, Ballia, defendant no.2. The Committee of Management, defendant no.1, however, challenged the judgment of the trial court by filing Civil Appeal No.256 of 1983. The petitioners herein filed cross objections in so far as the relief for permanent injunction was declined. The appellate court, by judgment dated 25.7.1986, dismissed the appeal filed by the Management, while allowed the cross objections filed by the petitioners and decreed the suit in toto, further restraining the defendants from dispensing with the services of the petitioners or from withholding their salary on basis of order dated 26.3.1982 passed by the District Inspector of Schools. The Committee of Management carried the matter in second appeal before this Court being Second Appeal No.2814 of 1986. It applied for stay of the decree impugned, but the stay application was rejected by this Court vide order dated 22.9.1988. The case of the petitioners is that as a result of the same, they continuously worked as Assistant Teachers in the institution since the date of their initial appointment on 1.10.1981 and on completion of 10 years of satisfactory service, selection grade was granted to them since 1.1.1992.
(2.) It is alleged that in May, 1993 Sri S.P. Mishra, the then District Inspector of Schools was severely beaten and was hospitalized. The charge of his office was given to the City Magistrate Sri Ram Ganesh. During his tenure, several fake and fictitious adhoc appointment of teachers were made in various institutions in district Ballia and salary of most of them was released by his orders. After some time, the regular District Inspector of Schools Smt. Anarpati Verma took charge and in exercise of power under Section 4 (1) of the Payment of Salaries Act, 1971, she stopped the payment of salaries and called for report from Principal/ Manager of various institutions regarding the manner in which appointments have been made; strength of sanctioned posts; details regarding financial approval etc. of the newly appointed adhoc teachers. In respect of the petitioners' institution, order dated 28.9.1995 was passed by District Inspector of Schools, in which name of the petitioners was also mentioned. In compliance thereof, the Principal of the institution submitted his report and requested for release/payment of salary to the petitioners.
(3.) The State Government vide order dated 3.2.1996 constituted Seven Member Committee consisting of Sri Vinod Kumar Additional Director of Education, Madhyamik, Directorate of U.P. Allahabad as its Chairman; Shyam Narain Rai Deputy Director of Education, Madhyamik; Senior Finance and Accounts Officer and four Auditors to be nominated by the Chief Account Officer for examining the documents relating to each adhoc appointment of teachers. The Committee called for relevant documents and reports, in pursuance whereof the District Inspector of Schools forwarded the original documents relating to the appointment of the petitioners alongwith his report dated 1.8.1996.;