High Court · 2025

institution namely, Shri Narheji Inter College, Narhi, Rasra, Ballia is not liable to be amended.

3. Respondent no.6-Institution is a recognized aided institution. The said institution was admitted into grant-in-aid as per the provisions of U.P. Intermediate Education Act, 1921. The petitioners were initially appointed as Assistant Teacher (LT Grade) in the year 1990 after following due process of selection. The appointments were approved by the competent authority vide order dated 23.12.1990 and subsequently the petitioners have discharged their duties and without any interruption salaries were paid to them.

4. In the year 1995 based on some complaint, an inquiry was conducted in respect of non-governmental institution in District Ballia. During period of inquiry, salaries were stopped. Aggrieved by the said action, some of the teachers have approached this Court by filing Writ A No. 1253 of 1998, which was disposed of vide order dated 23.01.1998 directing that if the petitioners were in service, salaries should be paid to them along with arrears within a period of three months. The said order was implemented by the State authorities.

5. Consequent to the disposal of the said writ petition, a detailed inquiry was conducted and report was submitted by the District Inspector of Schools before the Additional Director of Education, Azamgarh in the year 2000. The said report was finally forwarded to Director of Education, Uttar Pradesh and accordingly, salaries were paid to the petitioners till February, 2009.

6. While the things do thus, a public interest litigation was preferred by one Ajay Kumar Singh, which was numbered as PIL No. 25406 of 2009, wherein interim direction was granted restraining the authorities from payment of salaries to 37 teachers and after notice, the petitioners have appeared before this Court in the said public interest litigation and filed their counter affidavit and finally, the said public interest litigation was dismissed with cost. In fact, in lieu of interim directions, an inquiry was held by the Secretary, Secondary Education. As per the said inquiry report, it clearly discloses that manager has appeared before the inquiry committee and the entire records regarding financial approval and the appointment as well as salary pertaining to the petitioners were sent before CBCID and the investigation is going on with regard to the same. It is made clear that as far as the appointment and payment of salary to the petitioners, the CBCID had also concluded the inquiry and according to the final report, it was found that the appointment of the petitioners are valid and the appointments of Hari Shankar Prasad, Mangala Prasad Singh and Surendra Nath Singh were found forged and illegal. After dismissal of the public interest litigation, the petitioners have approached the authorities for release of salaries but the salaries were not released only on the ground of pendency of bunch of writ petitions connected with Writ A No. 26307 of 2010. The said bunch of writ petitions were disposed of vide order dated

13.01.2017 with the following directions: (i) In case any teacher/institution is aggrieved by the order passed by the Committee, it would be open to him/it to take such recourse which is available under the law to them. (ii) The salary to all the teachers, who have been found to be working on the sanctioned post, shall be released within two months from the date of production of certified copy of this order".

7. Consequent to the above directions in the said writ petitions, the Government has proceeded to ascertain the sanctioned strength of teaching and non-teaching staff of colleges. Based on the request of the petitioners, the State Government vide order dated

18.10.2017 directed the Director of Education calling report regarding salary/arrears as well as determination of sanctioned strength. In compliance of the said directions, the District Inspector of Schools, Ballia has submitted his report on

15.02.2018. When the respondents have not complied with the orders of this Court, petitioners have pressed the provisions of the Contempt Act and filed Civil Misc. Contempt Application No. 3772 of 2018, which was disposed of vide order dated 18.08.2018. In compliance of the said contempt order, present impugned order has been passed rejecting the claim of the petitioners. Hence, the present writ petition.

8. Learned Senior Advocate appearing for the petitioners has mainly contended that the impugned orders were contrary to record. In fact, initially the petitioners were appointed in the year 1990 and salaries were paid till 1995 and only with regard to inquiry of appointments in non-governmental institutions. Subsequently, after dismissal of Writ A No. 1253 of 1998 , the respondents have continued the inquiry with regard to appointment of the petitioners and after getting entire records, salaries have been released and they have paid salaries till 2009. But surprisingly, salaries have been stopped only on the ground on interim orders granted by this Court in PIL No. 25406 of 2009, but the fact remains that the said PIL has been dismissed with cost. Once the salaries have been stopped on the ground of interim directions granted in PIL and the said PIL was dismissed, the authorities have to release salaries immediately. For the reasons best known, the respondents have not released salaries to the petitioners. Left with no option, petitioners have approached this Court again.

9. Though the respondents have not released salaries to the petitioners consequent on the disposal of the PIL only on the ground that bunch of writ petitions are pending in this Court. But surprisingly the said bunch of writ petitions were also disposed of by this Court on 13.01.2017 and the authorities have no option left except to release salaries to the petitioners. But surprisingly, the respondents have rejected the claim of the petitioners only on the ground that records are not available in the office of District Inspector of Schools, which cannot be a ground for rejection of the claim of the petitioners.

10. Learned Senior Advocate further submitted that as the issue was agitated many times, in fact in the year 1995 the Government itself has conducted the inquiry and released the salaries after thorough inquiry as per the directions of this Court in Writ A No. 1253 of 1998 and further very same fact was inquired by CBCID and found that petitioners' appointments were regular and legal. While that being the situation, the respondents ought not to have rejected the claim of the petitioners only on the ground of non- availability of record in their office.

11. Considering the aforesaid submissions and perusal of the records and impugned order, it clearly discloses that the respondents have rejected the claim of the petitioners only on the ground of non-availability of record. It is also stated that original records related to the bunch of writ petitions have been kept in a sealed cover with the Registrar General of this Court vide order dated 11.08.2003. If the respondents have any doubt about the record, they can also file an application before the Registrar General of this Court for verification of such records and can take appropriate decision before rejecting the claim of the petitioners.

12. In view of such circumstances, the impugned order is set aside, remanding the matter to respondent no.1, once again, and take appropriate decision by considering earlier reports of the State as well as CBCID, if required. They are also entitled to file application before Registrar General of this Court to supply certified copy which are kept in a sealed cover and take appropriate decision, within a period of three months from the date of production of certified copy of this order. The respondents are also directed that if they are not able to take decision, it is needless to mention that the respondents may release salaries to the petitioners with arrears from 2008.

13. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 3.7.2025 Noman (Donadi Ramesh, J.) NOMAN AHMAD High Court of Judicature at Allahabad

institution namely, Shri Narheji Inter College, Narhi, Rasra, Ballia is not liable to be amended.

3. Respondent no.6-Institution is a recognized aided institution. The said institution was admitted into grant-in-aid as per the provisions of U.P. Intermediate Education Act, 1921. The petitioners were initially appointed as Assistant Teacher (LT Grade) in the year 1990 after following due process of selection. The appointments were approved by the competent authority vide order dated 23.12.1990 and subsequently the petitioners have discharged their duties and without any interruption salaries were paid to them.

4. In the year 1995 based on some complaint, an inquiry was conducted in respect of non-governmental institution in District Ballia. During period of inquiry, salaries were stopped. Aggrieved by the said action, some of the teachers have approached this Court by filing Writ A No. 1253 of 1998, which was disposed of vide order dated 23.01.1998 directing that if the petitioners were in service, salaries should be paid to them along with arrears within a period of three months. The said order was implemented by the State authorities.

5. Consequent to the disposal of the said writ petition, a detailed inquiry was conducted and report was submitted by the District Inspector of Schools before the Additional Director of Education, Azamgarh in the year 2000. The said report was finally forwarded to Director of Education, Uttar Pradesh and accordingly, salaries were paid to the petitioners till February, 2009.

6. While the things do thus, a public interest litigation was preferred by one Ajay Kumar Singh, which was numbered as PIL No. 25406 of 2009, wherein interim direction was granted restraining the authorities from payment of salaries to 37 teachers and after notice, the petitioners have appeared before this Court in the said public interest litigation and filed their counter affidavit and finally, the said public interest litigation was dismissed with cost. In fact, in lieu of interim directions, an inquiry was held by the Secretary, Secondary Education. As per the said inquiry report, it clearly discloses that manager has appeared before the inquiry committee and the entire records regarding financial approval and the appointment as well as salary pertaining to the petitioners were sent before CBCID and the investigation is going on with regard to the same. It is made clear that as far as the appointment and payment of salary to the petitioners, the CBCID had also concluded the inquiry and according to the final report, it was found that the appointment of the petitioners are valid and the appointments of Hari Shankar Prasad, Mangala Prasad Singh and Surendra Nath Singh were found forged and illegal. After dismissal of the public interest litigation, the petitioners have approached the authorities for release of salaries but the salaries were not released only on the ground of pendency of bunch of writ petitions connected with Writ A No. 26307 of 2010. The said bunch of writ petitions were disposed of vide order dated

13.01.2017 with the following directions: (i) In case any teacher/institution is aggrieved by the order passed by the Committee, it would be open to him/it to take such recourse which is available under the law to them. (ii) The salary to all the teachers, who have been found to be working on the sanctioned post, shall be released within two months from the date of production of certified copy of this order".

7. Consequent to the above directions in the said writ petitions, the Government has proceeded to ascertain the sanctioned strength of teaching and non-teaching staff of colleges. Based on the request of the petitioners, the State Government vide order dated

18.10.2017 directed the Director of Education calling report regarding salary/arrears as well as determination of sanctioned strength. In compliance of the said directions, the District Inspector of Schools, Ballia has submitted his report on

15.02.2018. When the respondents have not complied with the orders of this Court, petitioners have pressed the provisions of the Contempt Act and filed Civil Misc. Contempt Application No. 3772 of 2018, which was disposed of vide order dated 18.08.2018. In compliance of the said contempt order, present impugned order has been passed rejecting the claim of the petitioners. Hence, the present writ petition.

8. Learned Senior Advocate appearing for the petitioners has mainly contended that the impugned orders were contrary to record. In fact, initially the petitioners were appointed in the year 1990 and salaries were paid till 1995 and only with regard to inquiry of appointments in non-governmental institutions. Subsequently, after dismissal of Writ A No. 1253 of 1998 , the respondents have continued the inquiry with regard to appointment of the petitioners and after getting entire records, salaries have been released and they have paid salaries till 2009. But surprisingly, salaries have been stopped only on the ground on interim orders granted by this Court in PIL No. 25406 of 2009, but the fact remains that the said PIL has been dismissed with cost. Once the salaries have been stopped on the ground of interim directions granted in PIL and the said PIL was dismissed, the authorities have to release salaries immediately. For the reasons best known, the respondents have not released salaries to the petitioners. Left with no option, petitioners have approached this Court again.

9. Though the respondents have not released salaries to the petitioners consequent on the disposal of the PIL only on the ground that bunch of writ petitions are pending in this Court. But surprisingly the said bunch of writ petitions were also disposed of by this Court on 13.01.2017 and the authorities have no option left except to release salaries to the petitioners. But surprisingly, the respondents have rejected the claim of the petitioners only on the ground that records are not available in the office of District Inspector of Schools, which cannot be a ground for rejection of the claim of the petitioners.

10. Learned Senior Advocate further submitted that as the issue was agitated many times, in fact in the year 1995 the Government itself has conducted the inquiry and released the salaries after thorough inquiry as per the directions of this Court in Writ A No. 1253 of 1998 and further very same fact was inquired by CBCID and found that petitioners' appointments were regular and legal. While that being the situation, the respondents ought not to have rejected the claim of the petitioners only on the ground of non- availability of record in their office.

11. Considering the aforesaid submissions and perusal of the records and impugned order, it clearly discloses that the respondents have rejected the claim of the petitioners only on the ground of non-availability of record. It is also stated that original records related to the bunch of writ petitions have been kept in a sealed cover with the Registrar General of this Court vide order dated 11.08.2003. If the respondents have any doubt about the record, they can also file an application before the Registrar General of this Court for verification of such records and can take appropriate decision before rejecting the claim of the petitioners.

12. In view of such circumstances, the impugned order is set aside, remanding the matter to respondent no.1, once again, and take appropriate decision by considering earlier reports of the State as well as CBCID, if required. They are also entitled to file application before Registrar General of this Court to supply certified copy which are kept in a sealed cover and take appropriate decision, within a period of three months from the date of production of certified copy of this order. The respondents are also directed that if they are not able to take decision, it is needless to mention that the respondents may release salaries to the petitioners with arrears from 2008.

13. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 3.7.2025 Noman (Donadi Ramesh, J.) NOMAN AHMAD High Court of Judicature at Allahabad