Gaya Prasad Misra v. State of U.P. and others) challenging the appointment of the
Case Details
Court No. - 38 Case :- WRIT - A No. - 49476 of 2012 Petitioner :- Harish Chandra Respondent :- State Of U.P.And Others Counsel for Petitioner :- Rajesh Kumar,Ashok Khare,Siddharth Khare Counsel for Respondent :- C.S.C.
Legal Reasoning
Hon'ble Saurabh Srivastava,J. (1) Heard Sri Ashok Khare, learned senior advocate assisted by Sri Kauntey Singh, learned counsel for the petitioners and learned Standing counsel for the State respondents. (2) The present petition has been filed for the following reliefs: "(a) a writ, order or direction in the nature of certiorari quashing the order of the Joint Director of Education (Secondary), IV Region, Allahabad, dated 12.06.12 (Annexure No.7); the order of District Inspector of Schools, Allahabad, dated 15.6.12 (Annexure No.8) and the order of the Manager, R.P. Rastogi Inter College, Gandhi Nagar, Malak Harhar, Allahabad, dated 18.6.12 (Annexure No.9) in so far as it deprives the petitioner of payment of salary during the period 1.7.11 to 18.6.12; (b) a writ, order or direction of a suitable nature commanding the respondents to forthwith disburse to the petitioner the arrears of his salary as Lecturer in Sanskrit in R.P. Rastogi Inter College, Gandhi Nagar, Malak Harhar, Allahabad, for the period 1.7.11 till 18.6.12, within a period to be specified by this Hon'ble Court; (c) a writ, order or direction of a suitable nature commanding the respondents to treat the date of initial substantive appointment of the petitioner as Lecturer in Sanskrit in R.P. Rastogi Inter College, Gandhi Nagar, Malak Harhar, Allahabad, as 29.8.05 and to accord all consequential benefits including the benefit of seniority accordingly;" (3) It is the case of the petitioner that he was selected by U.P. Secondary Education Services Selection Board, Allahabad over the post of Lecturer in Sanskrit and was recommended for appointment in R.P.Rastogi Inter College, Allahabad. In pursuance to the recommendation of the U.P. Secondary Education Services Selection Board, the respondent no. 3 issued an order dated 24.08.2005 directing the grant of appointment to the petitioner in the said Institution. (4) That one Gaya Prasad Misra, an Assistant Teacher in LT Grade who was rendering his services in the same Institution filed a Writ Petition No. 65842 of 2005 (Gaya Prasad Misra Vs. State of U.P. and others) challenging the appointment of the petitioners in the said Institution. (5) The above mentioned writ petition was allowed by the co- ordinate Bench of this Court vide judgement dated 03.05.2011, in pursuance of the same, the services of the petitioner has been terminated w.e.f. from 30.06.2011. As an intermediary unfateful event Gaya Prasad Misra expired on 26.06.2011 itself and as such the order of termination against the petitioner was not made effective which was to be given effect from 30.06.2011.
Decision
(6) Being aggrieved with the judgement dated 03.05.2011 passed by co-ordinate Bench, the petitioner preferred Intra- court appeal under Chapter VIII, Rule 5 of the Rules of the Court as Special Appeal No. 1186 of 2011 (Harish Chandra Vs. State of U.P. and others) and the same was finally disposed of with direction to the respondent no. 2 to ensure appointment to the petitioner in the event a post is available in the Instutiton itself or elswhere within his region and the entire exercise has to be completed within 6 weeks from the date of the judgement dated 27.04.2012. (7) Considering the facts and circumstances that the rival contendor i.e. Gaya Prasad has already expired on dated 26.06.2011 and as such there was no claim over the post which was already occupied by the petitioner, the respondent no. 2 permitted the petitioner vide order dated 12.06.2012 to join over the respective post from where the services of the petitioner has been terminated. (8) In pursuance to the order dated 12.06.2012, the petitioner joined on dated 01.07.2012 and thereafter respondent no. 2 issued the further direction to fix the salary of the petitioner after taking into the account the increments earned by the petitioners during the length of his service from 29.08.2005 to 30.06.2011. (9) By above mentioned orders the petitioner again rendering his services over the same post from where he has been terminated, vide order dated 15.06.2012, the salary of the petitioner from 30.06.2011 to 30.06.2012 has been denied by the respondent no. 3 which rise the cause of action in favour of the petitioner to prefer the instant writ petition. Learned senior counsel for the petitioner raised his argument on the ground that the petitioner was altogether ready to render his services for the Institution, whereas he has been illegally terminated vide order dated 30.06.2011 and as such there is hardly any fault on the part of the petitioner and the determination as made by the respondent no. 3 for not extending the salary for the period of 30.06.2011 to 30.06.2012 is highly illegal and unjustified. (10) Per contra, learned Standing counsel vehemently opposed the prayer as made in the petition and supported the order dated 15.06.2012 with a specific stand that there is hardly any illegality with regard to the period for which the petitioner was out of service in pursuance to the order dated 30.06.2011 and again in pursuance to the order passed by this Court the services of the petitioner has been reinstated on 30.06.2012 and as such it is crystal clearly proved that he has not rendered any services in favour of the Institution and as such he is not liable to receive salary for such period. (11) While challenging the order dated 15.06.2012 the prayer as sought in the instant petition to issue order or direction in the nature of certiorari quashing the order of the Joint Director of Education (Secondary), IV Region, Allahabad dated 12.06.2012, 15.06.2012 passed by respondent no. 3 along with the order or direction in the nature of mandamus to treat the date of initial substantive appointment of petitioner as Lecturer in Sanskrit in R.P.Rastogi Inter College, Gandhi Nagar, Malak Harhar Allahabad from 29.08.2005 and to accord all consequential benefits including the benefit of seniority. (12) In view of the aforementioned facts and circumstances, there is hardly any fault on the part of the petitioner which may attribute for non-payment of the salary from 30.06.2011 to 30.06.2012 and as such the order dated 12.06.2012 passed by respondent no. 2 and consequent to the same the order dated 15.06.2012 passed by respondent no. 3 are hereby quashed and set aside only to the extent through which the entitlement of the salary in favour of the petitioner has been denied, the respondent no. 2 (Regional Joint Director of Education, IVth Region, Allahabad) is hereby directed to issue formal orders in shape of extending the benefit of salary for the period from 30.06.2011 to 30.06.2012. (13) So far as the prayer with regard to treating the petitioner as a regular incumbent over the post of Lecturer Sanskrit in R.P.Rastogi Inter College from 29.08.2005 is undisputed and there is hardly any order against the petitioner which warrants any interference from this Court over the same issue. (14) The writ petition stands partly allowed accordingly. Order Date :- 13.4.2023 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad