C/M Kisan Inter College Manager vs The State Of Uttar Pradesh

2. The Appellant-College is an aided College which is recognized by the State of Uttar Pradesh. The post of L.T. Grade Assistant Teacher (Maths) fell vacant due to the promotion of Shri Hari Prasad Pathak as Lecturer (Civics) from L.T. Grade Assistant Teacher. Respondent No.5 was appointed as L.T. Grade Assistant Teacher on 1 | Page 31.12.1984 in the resultant vacancy caused by the promotion of Shri Hari Prasad Pathak. The appointment of Respondent No.5 as L.T. Grade Assistant Teacher was not approved as the procedure prescribed under the U.P. Secondary Education Services Selection Board Act, 1982 and the Rules framed thereunder was not followed. The College stopped payment of salary to Respondent No.5 in July, 1985. Writ Petition No.18046 of 1985 filed by Respondent No.5 seeking continuance of service and payment of salary was disposed of by the High Court on 22.11.1985 with a direction to pay salary to Respondent No.5. Respondent No.5 was permitted to continue till a regular teacher was appointed. Shri Hari Prasad Pathak was sought to be reverted from the post of Lecturer (Civics) as L.T. Grade Assistant Teacher in view of his promotion being found irregular. Respondent No.5 filed a Writ Petition No.2775 of 1986 challenging the reversion of Shri Hari Prasad Pathak. The High Court by an order dated 22.11.1985 dismissed Writ Petition No.2775 of 1986 filed by Respondent No.5 questioning the reversion of Shri Hari Prasad Pathak on the ground that he does not have locus 2 | Page standi. Thereafter, the Appellant informed Respondent No.5 on 29.07.1988 to join and start working on the post of L.T. Grade Assistant Teacher.

3. The advertisement issued by the Board for filling up the post of Lecturer (Civics) on 14.10.1988 was challenged by Shri Hari Prasad Pathak in Writ Petition No.30808 of 1992. The High Court directed continuance of Sri Hari Prasad Pathak in the post of Lecturer (Civics) till further orders. Yet another advertisement was issued for filling up the post of Lecturer (Civics) was subject matter of Writ Petition No.2044 of 1992 filed by Shri Hari Prasad Pathak. By an Order dated 14.10.1992, the High Court stayed the selection process pursuant to the advertisement issued in 1992. The third attempt to fill up the post of Lecturer (Civics) was challenged in Writ Petition No.19691 of 1995 filed by Shri Hari Prasad Pathak and Respondent No.5. The High Court granted an interim order in Writ Petition No.19691 of 1995 on 24.07.1995 and directed that Shri Hari Prasad Pathak and Respondent No.5 may be permitted to continue in their respective posts till further orders. Pursuant to the order, Shri Hari Prasad Pathak and 3 | Page Respondent No.5 were permitted to discharge their duties as Lecturer (Civics) and L.T. Grade Assistant Teacher respectively till 2008. They were also paid salary for the said period. On 28.11.2008, Shri Hari Prasad Pathak was regularized on the post of Lecturer (Civics) w.e.f. 07.10.1983. The District Inspector of Schools (for short “the DIOS”) by an order dated 16.06.2009 directed the payment of arrears of salary to the 5 th Respondent from 01.01.1985. As the Appellant objected to the payment of salary to Respondent No.5, an enquiry was conducted in which it was found that Respondent No.5 had been working continuously as L.T. Grade Assistant Teacher from 01.01.1985 and the Order dated 16.06.2009 of the DIOS, Basti was found to have been properly issued.

11. For the aforementioned reasons, we see no error committed by the High Court. The Appeal(s) are accordingly dismissed.

…….............................J. [HEMANT GUPTA] New Delhi, October 04, 2019.

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