SIDDHARTH,J. - (1.) Heard Sri N.L. Pandey, learned Counsel for the petitioner and Sri Sankalp Narain holding brief of Shri V.K. Singh, learned Counsel for the respondents.
(2.) This writ petition has been filed by the petitioner, praying for the following reliefs, a). a, writ of mandamus, order or direction in the nature of mandamus be issued commanding the opposite parties nos. 1, 2, 3 and 4 to direct the Management to produce the salary bill to the petitioner and to allow the petitioner to sign the attendance register; b). a writ of mandamus, order or direction in the nature of mandamus be issued directing the opposite parties to pay entire promotional benefit of the petitioner counting regular service of the petitioner on the basis of order dated 20.01.1994; c). any other writ, order or direction in the nature of a writ be issued, which this Hon'ble Court may deem fit and proper in the circumstances of the case and to which the petitioner is entitled in law;
(3.) The facts of the case are that Kanpur Kanya Mahavidyalaya Inter College (hereinafter referred to as 'Institution') is a recognized institution under the U.P. Intermediate Education Act, 1921, and Regulations framed there under. The payment of Salary Act, 1971, is applicable in the institution and, as such, the salary to the teachers and employees is being paid under the provisions of Payment of Salary Act, 1971. Under Section 3 of the Payment of Salary Act, 1971, the provisions have been laid down that in case the Management does pay the salary to the teachers and employees of the institution the same can be paid by the District Inspector of Schools, under the provisions of Sub-section 3 of the said Section. It is further provided that in case the Management does pay the salary to all the teachers and employees of the institution the District Inspector of Schools may disburse the salary by way of single operation of the account, so that the teachers or employees should suffer. The petitioner was initially appointed in 1982, in L.T. grade against clear vacancy, to teach Science subjects to the students of Class IX and X and ever since the petitioner was continuously working in the institution as Assistant Teacher. The Principal of the institution has also issued a certificate to the petitioner on 9.1.1994, 30.10.1996 and 30.1.1989, stating clearly that the petitioner is teaching Science subjects to the students of Class IX and X since 1982 and her performance is upto the mark. The State Government promulgated an ordinance on 6.5.1991, by which the provisions of Section 33-A were added in the U.P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as an 'Act No.5 of 1982') by adding said provisions. The teachers, who were appointed against clear vacancy after 12.06.1985 or before 13.05.1989 and were continued on their post, were regularized. After the aforesaid ordinance the petitioner sought her regularization on the post of L.T. grade teacher, by making various representations, but no heed was paid to the representations of the petitioner and, as such, the petitioner was left with no alternative but to file a writ petition in this Hon'ble Court claiming her right for regularization of the services in the institution. The writ petition of the petitioner was finally disposed of by order dated 26.07.1991 with observation that the petitioner's representation regarding regularization of her service be considered expeditiously be Regional Inspectress of Girls School within four months from the receipt of certified copy of this order. The petitioner constantly approached to the Authorities, but on account of inaction of the Management the petitioner's case remained pending for about two and half years and ultimately the case of the petitioner was decided by order dated 20.1.1994, passed by opposite party no.2. It is worthwhile to mention here that the post of Regional Inspectress of Girls Schools has been abolished and now matter is being dealt with the District Inspector of Schools, with regard to the payment of salary to the teachers and employees of Girls Schools as well as Boys School. The Management of the Institution was aggrieved against the petitioner and, as such, was permitting the petitioner to mark her attendance in the attendance register of the Institution. There was no alternative left for the petitioner except to present herself in the office of the District Inspector of Schools and sign regularly. To give effect to the order, passed by the Deputy Director of Education (II), the petitioner repeatedly approached the Management for her attendance, but no heed was paid to regularize the petitioner, and, as such, the petitioner sent applications on 28.1.1994, 29.1.1994, 21.2.1994 and 28.2.1994, but no heed was paid to the request of the petitioner, nor the Management allowed the petitioner to sign the attendance register. The petitioner complained the matter of arbitrariness of the Management of the Institution, to the Educational Authorities. As directed by opposite party no.2 the petitioner regularly submitting her attendance in the office of the District Inspector of Schools since 31.01.1994. Attendances are being regularly marked in the office of the District Inspector of Schools. The petitioner submitted her representation to the Regional Deputy Director of Education (II), Kanpur Region, Kanpur, and to the Finance and Accounts Officer of the Office of the District Inspectoress of Schools, Kanpur City, Kanpur, on 18.02.1994, whch was duly received in the respective offices on the same date. The Regional Deputy Director of Education, Kanpur Region, Kanpur, issued another order on 4.3.1994, directing the District Inspector of Schools, Kanpur City, to allow the petitioner in the Institution and arrange for her salary. Inspite of the order dated 04.03.1994 nothing has done and, as such, another order dated 5.5.1994 was also issued by respondent no.2, but on one pretext or the other the matter of the petitioner was lingered. The compliance of orders dated 20.01.1994, 4.3.1994 and 5.5.1994 has yet been done and the petitioner is being made to run from pillar to post. The orders dated 20.1.1994, 4.3.1994 and 5.5.1994 have neither been challenged by the Management of the Institution, nor the said order are being complied with. Whenever the petitioner has approached the respondents she has been directed to approach the Hon'ble High Court for proper and specific direction to comply the orders dated 21.1.1994, 4.3.1994 and 5.5.1994, issued by the Deputy Director of Education, Kanpur Region, Kanpur. The petitioner is suffering irreparable loss and injury, who is teaching in this Institution since 1982, and has regularly worked. After due enquiry her appointment has been regularized by the Deputy Director of Education (II), Kanpur Region, Kanpur. As stated above, the petitioner approached to the Authorities, but no heed has yet been paid to direct the Management of the Institution to send salary bill to the office of the District Inspector of Schools in compliance with the orders dated 20.01.1994, 4.3.1994 and 5.5.1994 and, as such, the petitioner is left with no other alternative remedy except by way of this writ petition under Article 226 of the Constitution of India for compliance of the orders dated 20.1.1994, 4.3.1994 and 5.5.1994.;