Court No. - 5 Case :- WRIT - A No. - 2499 of 2002
Petitioner :- Syed Mohd.Taqmil
Respondent :- State Of U.P.Thorugh Secy.Seconedary Education
Counsel for Petitioner :- Ravi Singh,Amit Dwivedi
Counsel for Respondent :- C.S.C.,J.C. Srivastava,Manish Vaish,R.K. Srivastava
Hon'ble Irshad Ali,J.
Supplementary affidavit filed today in Court, is taken on record. Heard Sri Ravi Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondent. Sri Manish Vaish, Advocate is appearing for respondent Nos.5 and 6.
By means of the present writ petition, the petitioner has challenged an order dated 6.2.2002, passed by the respondent No.4, contained as Annexure-1 to the writ petition. It is further prayed for issuance of writ in the nature of mandamus, commanding the respondents not to give effect to the impugned order dated 6.2.2002, passed by respondent No.4. Brief facts of the case are that there is an institution in the name of Forbes Intermediate College, Faizabad, which is a minority institution, recognized under the provisions of U.P. Intermediate Education Act, 1921. The provisions of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 are also applicable to the said institution.
One Mr. Mohd. Wasi Khan working as Assistant Clerk, was promoted on the post of Head Clerk and necessary papers were submitted before the respondent No.4, but no communication in regard to the grant of approval to the resolution of the Committee of Management was passed. The respondent No.5 advertised the post of Assistant Clerk in the newspaper Swatantra Chetna inviting applications on the said post, which came into existence due to promotion of aforesaid person. Interview was held for the post of Assistant Clerk, including the petitioner and by resolution passed by the Committee of Management, it was decided to appoint the petitioner on the post of Assistant Clerk in the College. The Manager of the institution issued appointment letter to the petitioner on 7.1.2002. The petitioner joined on the post on 18.1.2002. The papers were submitted before the District Inspector of Schools for the grant of financial approval, which was lying pending consideration and vide impugned order dated 6.2.2002, the
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order of rejection of approval order to the petitioner has been passed.
First ground of the impugned order is that Mohd. Wasi Khan's claim of promotion was pending consideration. In this regard it is stated that in regard to the fixation of salary to Mohd. Wasi Khan, papers were submitted before the respondent No.4, which were returned with the remark to submit pay fixation table and send letter dated 14.1.2004 inasmuch as joining letter of Mohd. Wasi Khan. In response to the above, papers were submitted and vide letter dated 14.3.2006, financial approval was granted to Mohd. Wasi Khan for the payment of salary and he was paid salary in pursuance thereof and on attaining the age of superannuation, he retired from service on 31.12.2023, therefore, item No.1 stands removed.
In regard to item No.2, it is the submission of learned counsel for the petitioner that institution is a minority institution and the provision of Chapter III Regulation 101 of the Regulations framed under U.P. Intermediate Education Act, 1921 is not applicable inasmuch as he produced the judgment in the case of
Jagdish Singh Vs. State of U.P. [2006 UPLBEC (3) 2765], wherein prior approval was defined and it was held that prior approval means approval before the grant of appointment, therefore, the reason assigned in the impugned order is not available to the respondent No.4.
In regard to the item No.3, it is stated that the writ petition was finally disposed of with the direction to decide the representation of Mohd. Nadeem Raza. It is stated that vide order dated 1.1.2014, promotion of the petitioner on the post of Head Clerk has been approved by the District Inspector of Schools, Faizabad, therefore, the controversy in regard to the post in question has been resolved. The petitioner is continuously working on the post which has been duly certified by the Manager of the institution vide Annexure SA-7, SA-8 and SA-9 to the supplementary affidavit.
In view of the above, there is no justification to continue the impugned order and accordingly, it is hereby quashed in view of the fact that the petitioner is continuously discharging his duties on the post of Head Clerk of the institution and has been paid regular monthly salary month by month
The writ petition is finally disposed of in terms of the observation made above.
Order Date :- 3.2.2023 / Gautam
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