Allahabad High Court
Kanak Singh And 2 Others vs State Of U.P. And 2 Others on 9 May, 2022
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
RESERVED ON 31.3.2022
DELIVERED ON 9.5.2022
Case :- WRIT - A No. - 14927 of 2018
Petitioner :- Kanak Singh And 2 Others
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Avadh Pratap Singh Shishodia
Counsel for Respondent :- C.S.C.
Hon'ble Siddharth,J.
Heard Shri Avadh Pratap Singh Shishodia, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.
This petition has been filed praying for direction to the respondent no.3, Finance and Accounts officer (Secondary Education) Baghpat to ensure the payment of arrears of salary of the petitioners together with annual increment in pursuance of the order dated 21.7.2017 passed by the District Inspector of Schools, Baghpat, respondent no.2.
There is an institution named Shashtri Smarak Inter College, Ahmad Shahanpur, Padra(Baghpat) governed by the provisions of U.P. Intermediate Education Act,1921 and the Regulation framed thereunder. The provisions of payment of salary Act 1971 are also applicable thereto. Petitioners, namely, Kankak Singh, Neeraj Kumar Tyagi and Bhopal Singh, were appointed as Assistant Teacher in the aforesaid institution for teaching in primary section on 4.9.1985.Their appointments were duly approved by the District Inspector of Schools, Meerut. With effect from 6.9.1989 the institution aforesaid was taken in the grant-in-aid list of the State Government and the Committee of Management submitted salary bills of the petitioners for the month of October 1989, which was not approved by the District Inspector of Schools, Meerut (District Bagpat was created subsequently).The petitioners approached this Court by way of Civil Misc. Writ No. 18117 of 2019 wherein interim order was passed directing the respondents to pay salary of the petitioners. By the order dated 10.11.2003 aforesaid writ petition was disposed of directing the respondents to ascertain all factual issues and pass appropriate orders aon the claims of the petitioners. By order dated 25.4.2005 the Director of Education (Secondary) U.P. rejected the claims of the petitioners and thereafter petitioners approached this court again challenging the order datedn25.4.2005 passed by the Director of Education(secondary) U.P. aforesaid and this court disposed of writ petition directing the Director of Education (Secondary, U.P. to pass fresh order. The Director of Education aforesaid passed the dated 5.7.2007 holding that appointment of the petitioners were not valid and petitioners challenged the same by way of another writ petition no. 4637 of 2008 wherein this court by its order dated 20.11.2008 remanded the matter back to the Director of Education (secondary) U.P. and by the order dated 20.1.2009 Director of Education aforesaid rejected the claim of the petitioners. Petitioner nos. 1 and 3 filed another writ petition no. 17075 of 2009 challenging the order dated 20.1.2009 passed by the Director of Education aforesaid and this Court vide order dated 2.4.2015 set aside the same directing the Director of Education(Secondary) to consider and decide the claims of the petitioners again.
Petitioner no.2,Neeraj Kumar Tyagi, has filed writ petition no. 21436 of 2009 against the same order dated 20.1.2009 of the Director of Education(Secondary) and this court remanded the matter to the Director of Education(Secondary) to decide the claim of the petitioner .In pursuance of the two orders of this court in two writ petitions Director of Education(Secondary)U.P. considered and decide the claim of the petitioners by its orders dated 31.7.2015 and 11.8.2015 accepting the claim of the petitioners.
Counter affidavit has been filed on behalf of District Inspector of Schools, Baghpat and Finance and Accounts Officer(Secondary Education) Baghpat wherein facts stated in the petition have been repeated .It has further been stated that petitioners were out of service from 1.1.2008 to 20.8.2015 and therefore no specific order was passed by Director of Education(Secondary)for payment salary to the petitioners for the said period .It has further been pleaded that as per Rule 54 (1) of Financial Handbook, Volume II, Parts II to IV when a government servant dismissed, removed or suspended from service is reinstated in the service , the authority competent to order such reinstatement shall make specific order regarding payment of salary to the Government servant for the period of his absence from the duty and whether or not ,the said period shall be treated as a period spent on duty. It has been stated that on principle of no work and no pay, petitioners are not entitled to any arrears of salary.
Learned counsel for the petitioners has submitted that petitioners had continuously discharged their duties as Assistant Teachers in the institution but they have not been paid their salary with effect from 12.2.2008 to 21.8.2015. The District Inspector of Schools,Baghpat by the letter dated 29.4.2017 has directed the Finance and Account Officer (Secondary Education) U.P. to make the payment of salary of the petitioners from 1.7.2008 to 20.8.2015 alongwith increments payable to the petitioners as per order dated 8.6.2016 passed by the Director of Education(Secondary)U.P. Lucknow. It was further directed that petitioners will submit their notarial affidavits to the effect that in case it is found in future that the salary has already been paid for this period to the petitioners, they will undertake to return the same. Petitioners have already submitted notarial affidavits before the Finance and Account Officer (Secondary Education), Baghpat but no order has been passed for payment of their salary .
After hearing the rival contentions this court finds that by the order dated 8.6.2016 Director of Education(Secondary) Lucknow has directed the District Inspector of Schools, Bagpat to make payment of arrears of salary to the petitioners from 1.7.2008 to 20.8.2015 and District Inspector of Schools Bagpat by his letter dated 29.4.2017 directed the Finance and Account Officer(Secondary Education) Baghpat to comply the order of the Director of Education(Secondary) U.P. 8.6.2016 and make payment of arrears of salary of the petitioners from 1.7.2008 to 20.8.2015 after adding increment.
In the counter affidavit letter issued by the Finance and Accounts Officer (Secondary Education) has been brought on record as annexure (C.A.-4) which was written by him to the District Inspector of Schools, Baghpat to review his order dated 24.7.2017 on the ground that petitioners had not worked from 1.7.2008 to 20.8.2015 on and account of principle of no work, no pay they should not be paid any salary .Nothing has been brought on record to prove that District Inspector of Schools has reviewed /recalled his order dated 29.4.2017.
It is notable that order dated 29.4.2017 was passed by the District Inspector of Schools, Baghpat in pursuance of the order dated 8.6.2016 passed by Director of Education(Secondary) Lucknow therefore District Inspector of Schools, Baghpat cannot recall/review its order. Even the Director of Education(Secondary) aforesaid is not competent to recall his order dated 8.6.2016 on the request of District Inspector of Schools, Baghpat or Finance and Account Officer (Secondary Education)since he has no power of review of his order. The ground of denial of arrears of salary and increments to the petitioners on the basis of letter dated 26.7.2017 sent by Finance and Account Officer (Secondary Education), Baghpat to the District Inspector of schools, Baghpat cannot be sustained. The entitlement of the petitioners to the arrears of salary and increments has become final in view of the order of Director of Education(Secondary) Lucknow dated 8.6.2016 and the order of District Inspector Schools, Baghpat dated 29.4.2017 and they are required to be complied by respondent no.3 Finance and Account Officer , Baghpat.
The Finance and Account Officer(Secondary Education) Bagpat is directed to ensure the payment of salary to the petitioners from 1.7.2008 to 20.8.2015 alongwith increments payable to the petitioners within six weeks from today. In case aforesaid amount is not paid to the petitioners within six weeks, they shall be entitled to 12% interest over entire amount from respondent no.4 The State Government shall be free to recover the amount of interest paid to the petitioners from respondents found responsible to the delay in payment to the petitioners as per this order.
Accordingly the writ petition is allowed.
Order Date :- 9.5.2022 Atul kr. sri.