High Court · 2025

Petitioner :- Satyendra Kuamr Singh Respondent :- State Of U.P.Through Secy. Secondary Education Civil Sectt. Counsel for Petitioner :- Mahendra Singh Rathore,Ajay Kumar Singh,Murli Manohar Srivastava,Nagendra B Singh,Pankaj Kumar Shukla,Rahul Roshan Dubey,Ramesh Pandey,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Ajay P Singh,Ranvijay Singh Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Rahul Roshan Dubey and Sri Ajay Kumar Singh, learned counsels for the petitioner, Sri Rishabh Tripathi, learned Standing Counsel for the opposite party Nos.1, 2 & 3 and Ms. Subhangi Singh, learned Advocate holding brief of Sri Ajay Pratap Singh, learned counsel for the opposite party No.4.

2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 07.01.2004, passed by the opposite party No.3, contained as Annexure No.1 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to create the post of Daftari in the Institution of the petitioner. (iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to adjust the petitioner against the vacant Class-IV post which fell vacant due to promotion of Sri Sher Bahadur Singh and pay the salary to the petitioner. (iv) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay arrears of the salary with effect from 27.06.1992. (v) to issue any writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."

3. The brief facts, as culled out from the records, are that the petitioner was appointed vide appointment order dated 26.06.1992 on the post of Daftari. In pursuance of the appointment order dated 26.06.1992, the petitioner has submitted his joining on the post of Daftari in the Institution on

27.06.1992 and since then he was discharging his duties with utmost satisfaction of the authorities concerned. After joining of the petitioner, the Committee of Management of the Institution has submitted the details of the petitioner for financial approval to the District Inspector of Schools, Sultanpur but the appointment of the petitioner was neither approved nor disapproved, as a result of which, the salary of the petitioner was not paid. Feeling aggrieved for non-approval of the appointment of the petitioner, he filed writ petition bearing Writ Petition No.9158 (SS) of 1993 before this Court, which was disposed of finally with the direction to the District Inspector of Schools to take decision relating to the question of approval within four weeks from the date of production of the certified copy of the order. When the District Inspector of Schools did not do anything in the matter, the petitioner filed contempt petition bearing Contempt Petition No.1613 (C) of 2003 before this Court. Thereafter, the District Inspector of Schools has rejected the financial approval of the petitioner vide order dated 17.01.2004 on the ground that there is no sanctioned post available in the Institution whereas according to the norms prescribed in the Government Order dated Nov. 1976 that at the time of grant-in-aid the post of Daftari, Class-IV post deemed to have sanctioned but the District Inspector of Schools without considering the aforesaid Government Order rejected the claim of the petitioner with malafide intention. One Sri Sher Bahadur Singh, a Class-IV employee has been promoted on the post of Clerk and the said post was approved by the District Inspector of Schools vide order dated 05.02.2004 and, as such, one Class-IV post is lying vacant in the Institution. In the similar circumstances, a writ petition bearing Writ Petition No.1479 (S/S) of 1998 has been filed before this Court wherein this Court has passed an order directing the opposite parties that in case the post of Assistant Clerk is lying vacant, the petitioner of that writ petition may be adjusted on the said post. The petitioner moved several representations ventilating his grievance before the opposite parties and lastly the petitioner moved a representation before the opposite party No.3 on 10.04.2004 requesting that to adjust the petitioner against the lying vacant Class-IV post and pay him the salary regularly, but went in vain.

4. In the present writ petition, this Court granted an interim order on 26.04.2005, which reads as under:- "Heard Sri Mahendra Singh Rathore for the petitioner as well as learned Standing Counsel, who appears on behalf of opposite parties No.1 to 3. Let counter affidavit be filed within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. List immediately after the expiry of the aforesaid period. The petitioner has been working as Daftri in Janjeera Das Shambhu Nath Singh Higher Secondary School, Narharpur, Sultanpur. He has been discharging duties, functions and responsibilities of the post. The employer-employee relations are continuing. Accordingly, the opposite parties are directed to pay the salary to the petitioner with effect from the current months i.e. the month of April, 2005 and continue to pay the same every month. This order shall be operative if the petitioner is discharging duties, functions and responsibilities of the post. This arrangement shall continue till a duly selected candidate by the concerned Selection Board joins the post held by the petitioner in the institution. It is made clear that if there is regular selected candidates joins, the petitioner shall have no claim for the post or entitle for any salary on the basis of this interim order."

5. The aforesaid order has been modified by this Court vide order dated 08.08.2008, which reads as under:- "This is an application for modification of the order dated 26.04.2005, in which, it was provided that the interim order datd 26.04.2005 shall be operative til the petitioner is discharging duties, functions and responsibilities of the post. It was further provided that his arrangement shall continue till a duly selected candidate by the concerned Selection Board joins the post held by the petitioner in the Institution. In compliance of the aforesaid order dated 26.04.2005, as informed by the petitioner, District Inspector of School accorded financial concurrence vide order dated 20.06.2005 and since then, the petitioner is getting salary for the post in question. As in the order, the words "Selection Board" has been mentioned, the opposite parties specially the Principal is going to make appointment on the post of Daftri, which is held by the petitioner. For Class-IV post, there is no selection Board. Accordingly, the order dated 26.04.2005 is modified and the sentence "this arrangement shall continue till a duly selected candidate by the concerned selection Board joins the post held by the petitioner in the Institution" is deleted. The application is disposed of accordingly."

6. Learned counsel for the petitioner has stated that the present petitioner is regularly discharging his duties with effect from 26.06.1992 and in compliance of an interim order dated 26.04.2005 he is getting his regular salary with effect from April, 2005.

7. Learned counsel for the petitioner has stated that an interim order was modified by this Court taking into note that the District Inspector of Schools accorded financial concurrence vide order dated 20.06.2005. He has further submitted that in view of the U.P. Government Servant Regularization Rules, 1992, the present petitioner is fully entitled to be regularized.

8. However, learned Standing Counsel has submitted that no such relief has been prayed in the writ petition. He has also submitted that there is no vacant post of Daftari and no approval for making appointment on the post of Daftari has been taken from the Competent Authority.

9. Be that as it may, since the petitioner is admittedly discharging his duties on the post of Daftari since 27.06.1992 pursuant to the appointment order dated 26.06.1992 and he is getting salary for that post. The petitioner has been granted an interim order by this Court vide order dated 26.04.2005 and that interim order has been modified by this Court on 08.08.2008, therefore, the present writ petition is liable to be allowed in terms of an interim order.

10. Accordingly, the instant writ petition is allowed.

11. The impugned order dated 17.01.2004 (Annexure No.1), passed by the District Inspector of Schools, Sultanpur (opposite party No.3) is hereby set aside/ quashed. The petitioner shall be permitted to discharge his service on the post of Daftari in the Institution in question and shall be paid his regular salary and other consequential benefits. The petitioner may also prefer a representation to the Competent Authority seeking his regularization and other service benefits taking all pleas and grounds which are available with him and if such representation is moved, the same shall be decided with expedition, strictly in accordance with law.

12. No order as to cost. . Order Date :- 17.3.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Petitioner :- Satyendra Kuamr Singh Respondent :- State Of U.P.Through Secy. Secondary Education Civil Sectt. Counsel for Petitioner :- Mahendra Singh Rathore,Ajay Kumar Singh,Murli Manohar Srivastava,Nagendra B Singh,Pankaj Kumar Shukla,Rahul Roshan Dubey,Ramesh Pandey,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Ajay P Singh,Ranvijay Singh Hon'ble Rajesh Singh Chauhan,J.

1. Heard Sri Rahul Roshan Dubey and Sri Ajay Kumar Singh, learned counsels for the petitioner, Sri Rishabh Tripathi, learned Standing Counsel for the opposite party Nos.1, 2 & 3 and Ms. Subhangi Singh, learned Advocate holding brief of Sri Ajay Pratap Singh, learned counsel for the opposite party No.4.

2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari thereby quashing the impugned order dated 07.01.2004, passed by the opposite party No.3, contained as Annexure No.1 to the writ petition. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.2 to create the post of Daftari in the Institution of the petitioner. (iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to adjust the petitioner against the vacant Class-IV post which fell vacant due to promotion of Sri Sher Bahadur Singh and pay the salary to the petitioner. (iv) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to pay arrears of the salary with effect from 27.06.1992. (v) to issue any writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case."

3. The brief facts, as culled out from the records, are that the petitioner was appointed vide appointment order dated 26.06.1992 on the post of Daftari. In pursuance of the appointment order dated 26.06.1992, the petitioner has submitted his joining on the post of Daftari in the Institution on

27.06.1992 and since then he was discharging his duties with utmost satisfaction of the authorities concerned. After joining of the petitioner, the Committee of Management of the Institution has submitted the details of the petitioner for financial approval to the District Inspector of Schools, Sultanpur but the appointment of the petitioner was neither approved nor disapproved, as a result of which, the salary of the petitioner was not paid. Feeling aggrieved for non-approval of the appointment of the petitioner, he filed writ petition bearing Writ Petition No.9158 (SS) of 1993 before this Court, which was disposed of finally with the direction to the District Inspector of Schools to take decision relating to the question of approval within four weeks from the date of production of the certified copy of the order. When the District Inspector of Schools did not do anything in the matter, the petitioner filed contempt petition bearing Contempt Petition No.1613 (C) of 2003 before this Court. Thereafter, the District Inspector of Schools has rejected the financial approval of the petitioner vide order dated 17.01.2004 on the ground that there is no sanctioned post available in the Institution whereas according to the norms prescribed in the Government Order dated Nov. 1976 that at the time of grant-in-aid the post of Daftari, Class-IV post deemed to have sanctioned but the District Inspector of Schools without considering the aforesaid Government Order rejected the claim of the petitioner with malafide intention. One Sri Sher Bahadur Singh, a Class-IV employee has been promoted on the post of Clerk and the said post was approved by the District Inspector of Schools vide order dated 05.02.2004 and, as such, one Class-IV post is lying vacant in the Institution. In the similar circumstances, a writ petition bearing Writ Petition No.1479 (S/S) of 1998 has been filed before this Court wherein this Court has passed an order directing the opposite parties that in case the post of Assistant Clerk is lying vacant, the petitioner of that writ petition may be adjusted on the said post. The petitioner moved several representations ventilating his grievance before the opposite parties and lastly the petitioner moved a representation before the opposite party No.3 on 10.04.2004 requesting that to adjust the petitioner against the lying vacant Class-IV post and pay him the salary regularly, but went in vain.

4. In the present writ petition, this Court granted an interim order on 26.04.2005, which reads as under:- "Heard Sri Mahendra Singh Rathore for the petitioner as well as learned Standing Counsel, who appears on behalf of opposite parties No.1 to 3. Let counter affidavit be filed within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. List immediately after the expiry of the aforesaid period. The petitioner has been working as Daftri in Janjeera Das Shambhu Nath Singh Higher Secondary School, Narharpur, Sultanpur. He has been discharging duties, functions and responsibilities of the post. The employer-employee relations are continuing. Accordingly, the opposite parties are directed to pay the salary to the petitioner with effect from the current months i.e. the month of April, 2005 and continue to pay the same every month. This order shall be operative if the petitioner is discharging duties, functions and responsibilities of the post. This arrangement shall continue till a duly selected candidate by the concerned Selection Board joins the post held by the petitioner in the institution. It is made clear that if there is regular selected candidates joins, the petitioner shall have no claim for the post or entitle for any salary on the basis of this interim order."

5. The aforesaid order has been modified by this Court vide order dated 08.08.2008, which reads as under:- "This is an application for modification of the order dated 26.04.2005, in which, it was provided that the interim order datd 26.04.2005 shall be operative til the petitioner is discharging duties, functions and responsibilities of the post. It was further provided that his arrangement shall continue till a duly selected candidate by the concerned Selection Board joins the post held by the petitioner in the Institution. In compliance of the aforesaid order dated 26.04.2005, as informed by the petitioner, District Inspector of School accorded financial concurrence vide order dated 20.06.2005 and since then, the petitioner is getting salary for the post in question. As in the order, the words "Selection Board" has been mentioned, the opposite parties specially the Principal is going to make appointment on the post of Daftri, which is held by the petitioner. For Class-IV post, there is no selection Board. Accordingly, the order dated 26.04.2005 is modified and the sentence "this arrangement shall continue till a duly selected candidate by the concerned selection Board joins the post held by the petitioner in the Institution" is deleted. The application is disposed of accordingly."

6. Learned counsel for the petitioner has stated that the present petitioner is regularly discharging his duties with effect from 26.06.1992 and in compliance of an interim order dated 26.04.2005 he is getting his regular salary with effect from April, 2005.

7. Learned counsel for the petitioner has stated that an interim order was modified by this Court taking into note that the District Inspector of Schools accorded financial concurrence vide order dated 20.06.2005. He has further submitted that in view of the U.P. Government Servant Regularization Rules, 1992, the present petitioner is fully entitled to be regularized.

8. However, learned Standing Counsel has submitted that no such relief has been prayed in the writ petition. He has also submitted that there is no vacant post of Daftari and no approval for making appointment on the post of Daftari has been taken from the Competent Authority.

9. Be that as it may, since the petitioner is admittedly discharging his duties on the post of Daftari since 27.06.1992 pursuant to the appointment order dated 26.06.1992 and he is getting salary for that post. The petitioner has been granted an interim order by this Court vide order dated 26.04.2005 and that interim order has been modified by this Court on 08.08.2008, therefore, the present writ petition is liable to be allowed in terms of an interim order.

10. Accordingly, the instant writ petition is allowed.

11. The impugned order dated 17.01.2004 (Annexure No.1), passed by the District Inspector of Schools, Sultanpur (opposite party No.3) is hereby set aside/ quashed. The petitioner shall be permitted to discharge his service on the post of Daftari in the Institution in question and shall be paid his regular salary and other consequential benefits. The petitioner may also prefer a representation to the Competent Authority seeking his regularization and other service benefits taking all pleas and grounds which are available with him and if such representation is moved, the same shall be decided with expedition, strictly in accordance with law.

12. No order as to cost. . Order Date :- 17.3.2025 Suresh/ [Rajesh Singh Chauhan,J.] SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench