Mahesh Chandra Tripathi, J. - (1.) Heard Shri G.K. Singh, Senior Advocate assisted by Shri Rajesh Kumar, learned counsel for the petitioner, learned Additional Chief Standing Counsel for State respondents and Shri Ashok Khare, Senior Advocate assisted by Shri Siddharth Khare, learned counsel for fourth respondents.
(2.) Dr. Rajive Kumar is before this Court assailing the validity of order dated 20.12.2017 passed by Regional Level Committee headed by Joint Director of Education, Agra whereby the alleged application for voluntary retirement of the petitioner has been accepted. Further prayer has been made to command the respondents to make payment of salary to the petitioner regularly alongwith arrears.
(3.) Brief facts giving rise to the present Writ Petition are that there is an institution known as Mahaveer Digambar Jain Inter College, Hari Parvat, Agra (in brevity the 'Institution'), which is recognized institution and governed by the provisions of U.P. Intermediate Education Act and various Regulations framed thereunder from time to time. The Institution in question is in the grant-in-aid list of State Government and as such, the provisions of Payment of Salary Act (Act no.24 of 1971) are also applicable but as the Institution in question was established and administered as Jain community and the same was accepted by the State Government as a minority institution, therefore, the provisions of U.P. Secondary Education Service Selection Board Act would not be applicable upon the Institution. It has been claimed that since under the U.P. Intermediate Education Act, the power to appoint a teacher or Principal in a minority institution vests with the Committee of Management, therefore, the post of Principal was advertised by the Committee of Management against which the petitioner had applied and ultimately he was selected for being appointed on the post of Principal of the college and an appointment letter dated 26.06.2003 was also issued in his favour petitioner. The said appointment was approved by the Regional Level Committee headed by Joint Director of Education followed by a consequential order dated 05.07.2004 issued by the District Inspector of Schools with regard to approval. It appears that thereafter petitioner has submitted his application for voluntary retirement and resultant resolution was also passed on 30.07.2015 by the Committee of Management accepting the alleged application for voluntary retirement. Lateron the petitioner had made representation before the District Inspector of Schools, which was referred to Regional Level Committee headed by the Joint Director of Education, denying the application as well as the resolution made by the Committee of Management accepting the voluntary retirement of the petitioner and the Regional Level Committee, in its turn, has rejected the resolution passed by the Committee of Management vide order dated 19.09.2015. It appears that thereafter the Committee of Management had moved an application before the Joint Director of Education concerned, who has recalled the order of Regional Committee vide order dated 05.11.2015 without giving any opportunity to the petitioner. As it has been urged that the said order was ex-parte, the validity of the said order has been assailed by the petitioner by preferring Writ Petition no.66863/2015 (Dr. Rajeev Jain vs. State of U.P. and others). This Court has entertained the aforesaid Writ Petition and prima facie found that the order impugned was ex-parte and passed an interim order staying the effect and operation of the order dated 05.11.2015 and consequential order dated 03.12.2015 with further clarification that further selection in pursuance of the advertisement may go on but no final decision shall be taken by the Committee. It appears that thereafter the Regional Level Committee had passed an order on 12.05.2016 directing the Committee of Management to reinstate the petitioner in terms of the interim order and also required the Committee of management to ensure salary of the petitioner. Subsequently, the Joint Director of Education concerned had also wrote letter to the District Inspector of Schools on 15.06.2016 for releasing the salary of petitioner and also directed the District Inspector of Schools to take appropriate action against the Committee of Management in case petitioner is not permitted to join. Pursuant to the order passed by the Joint Director of Education, the District Inspector of Schools had passed consequential order dated 30.06.2016 requiring the Committee of Management to ensure joining of petitioner and also for ensuring his salary by consequential order. This much is also reflected from the record in question that both the orders have been assailed by the Committee of Management by preferring Writ Petition no.31120/2016 (Committee of Management and another vs. State of U.P. and others) but no interim order has been accorded in the said writ petition. It has also been averred that in spite of the categorical orders passed by the Educational Authorities, reason best known to the Committee of Management of the Institution, the same has not been complied with. Eventually, the District Inspector of Schools exercising the power under Section 3(3) of Payment of Salary Act had passed an order dated 05.08.2016 for payment of salary to the petitioner. Meanwhile the Committee tried to make selection and had requested the Joint Director of Education for sending an expert for the purpose of selection and eventually such permission was declined by the Joint Director of Education vide order dated 28.02.2017. The same was also subjected to challenge by the Committee of Management in Writ Petition no.3481/2017 (Committee of Management vs. State of U.P. and others), which was partly allowed by this Court by providing that name of panel experts should be provided within three weeks period. In between various events had taken place, which are not necessary to be mentioned at this stage. It appears that vide letter dated 19.09.2017 wrote by the District Inspector of Schools, pursuant to an endorsement/order dated 11.07.2017 passed by District Magistrate, Agra, the salary of petitioner was stopped. The said action has also been assailed by the petitioner by preferring Writ Petition no.47437/2017 (Dr. Rajeev Kumar vs. State of U.P. and others) wherein this Court vide order dated 25.10.2017 has proceeded to accord interim protection staying the effect and operation of the order dated 19.09.2017 passed by third respondent i.e. District Inspector of Schools, Agra and endorsement/order dated 11.07.2017 passed by District Magistrate, Agra was also stayed. Meanwhile on 20.12.2017, the Regional Level Committee headed by Joint Director of Education proceeded to pass yet another order whereby it has accepted the alleged voluntary retirement sought by the petitioner vide application dated 13.07.2015 and the same is impugned before this Court.;