1
Court No. - 32
Case :- SPECIAL APPEAL No. - 1130 of 2010
Petitioner :- C/M Brij Hitkari Inter College Thru' Manager &
Another
Respondent :- State Of U.P. Thru' Secretary Secondary
Education & Others
Petitioner Counsel :- Vinod Kumar Singh
Respondent Counsel :- C.S.C.,Vashistha Tiwari
*****
Hon'ble R.K. Agrawal,J.
Hon’ble Abhinava Upadhya,J.
The present special appeal has been preferred against
the judgment and order dated Ist July, 2010 passed by the
learned Single Judge whereby the writ petition preferred by the
present appellant has been dismissed. In the writ petition the
petitioner-appellant has challenged the order dated 7th
September, 2009 passed by the District Inspector of Schools,
Mathura (in short the DIOS) directing for single operation of the
salary account of the institution, namely, Brij Hitkari Inter
College, Bajna, District Mathura under the provisions of Section
3(3) of the Uttar Pradesh High School and Intermediate
Colleges (Payment of Salaries of Teachers and other
Employees) Act, 1971 (in short the Act).
It appears that in the said college the elections of the
Committee of Management were not held within the specified
period prescribed under the Scheme of Administration and the
Authorized Controller was appointed to hold elections. The
elections were held on 22.2.2009 in which Sri Santosh Kumar
Agarwal was elected as manager and his signature was also
attested by the DIOS on 28.2.2009. However, before the
recognition of the election of the Committee of Management
and attestation of the signature of the duly elected manager, the
2
Additional Director of Education(Secondary) vide order dated
9.1.2009 transferred one Sri Virendra Singh, who was the
Principal of Sri Lakha Uchchattar Madhyamik Vidyalaya,
Beerbala, Harnaul, District Mathura as Principal of the College
in question. The Authorized Controller, who was managing the
affairs of the College, allowed Sri Virendra Singh to join the
institution as Principal on 17.1.2009 and his signatures were
also attested by the DIOS on 20.1.2009.
The transfer of Sri Virendra Singh was challenged by Sri
Chandra Pal Sharma, who was the senior most teacher of the
College in question by means of Civil Misc.Writ Petition No.
5128 of 2009. The Court vide order dated 30.1.2009 directed
the parties to maintain status quo, as a result of which, Sri
Chandra Pal Sharma continued to act as Officiating Principal.
Sri Chandra Pal Sharma retired on 30.6.2009. Thereafter, the
next senior most person, namely, Sri Nahar Singh Verma
approached this Court by means of Civil Misc. Writ Petition No.
32540 of 2009 in which this Court vide order dated 3.7.2009
passed an order of status quo. As the DIOS had attested the
signatures of Sri Virendra Singh on 20.7.2009, Shri Nahar
Singh Verma was not recognized as Officiating Principal by the
DIOS whereupon he preferred another writ petition, being Civil
Misc.Writ Petition No. 36826 of 2009 which was dismissed by
this Court on the ground that if the order of status quo is not
being complied with, the remedy lies by way of filing petition for
contempt. For the reasons best known to him, Sri Nahar Singh
Verma did not file any contempt petition and he was satisfied
with the affairs. In the meantime, the teaching and non-teaching
staff of the college who were not getting the salary since
February, 2009 on account of on going dispute between the
Committee of Management and Sri Virendra Singh,
3
approached this Court by means of Civil Misc. Writ Petition No.
39768 of 2009 commanding the respondents to pay their
salaries as also the revised pay-scale as per 6th Pay
Commission. This writ petition was disposed of by this Court
vide judgment and order dated 4th August, 2009 with the
direction to the DIOS to look into the grievance and do the
needful. The DIOS in order to ensure the payment of salary to
the teaching and non-teaching staff passed an order dated 7 th
September, 2009 directing single operation of the salary
account. The order dated 7th September, 2009 was challenged
before this Court by means of a writ petition by the present
appellant, which has been dismissed.
We have heard Sri V.K. Singh, learned counsel for the
appellant, Sri Vashistha Tiwari, learned counsel for respondent
no.5 and the learned Standing Counsel who represents
respondent nos. 1 to 4 and have perused the judgment and
order dated 1.7.2010 passed by the learned Single Judge
giving rise to the present appeal as also the grounds taken in
the memo of appeal and the documents filed along with it
including the copy of the writ petition.
Sri V.K.Singh, learned counsel for the appellant submitted
that as this Court in the writ petition filed by Chandra Pal
Sharma had directed for maintaining the status quo on the post
of Principal which post was held by Sri Chandra Pal Sharma as
Officiating Principal till his retirement to 30.6.2009 and
thereafter on 3.7.2009 another order of status quo was passed
by this Court in the writ petition filed by Sri Nahar Singh Verma
and as such he has not been appointed as Principal of the said
college. He further submitted that Sri Virendra Singh was
transferred during the period when the Authorized Controller
4
was appointed to hold election and, therefore, it cannot be said
that the order of transfer is illegal as the Committee of
Management has not given its consent. He, therefore,
submitted that the order of single operation of the salary
account is clearly illegal and without authority of law.
Having given our thoughtful consideration to the various
plea raised by the learned counsel for the appellants, we find
that it is not in dispute that the present appellant had not
challenged the order of transfer of Sri Virendra Singh on the
post of Principal of the College in question. That being the
position, the signature of Sri Virendra Singh having been
attested by the DIOS on 20.1.2009 that has to be given full
effect to and the order of status quo passed in the writ petition
filed by Sri Chandra Pal Sharma became in effective after the
retirement of Sri Chandra Pal Sharma on 30.6.2009. The order
of status quo passed by this Court in the writ petition of Sri
Nahar Singh Verma on 3.7.2009 would not come to the rescue
of the present appellant as from 1.7.2009, Sri Virendra Singh
would be deemed to be the Principal of the said College
because there was no interim order in favour of Sri Nahar Singh
Verma at hat point of time. Moreover the writ petition filed by Sri
Nahar Singh Verma challenging the action of the education
authorities in not permitting him to continue as officiating
Principal and on the other hand permitting Sri Virendra Singh to
continue as Principal came to be dismissed by this Court on
23.7.2009.
The appellant cannot be permitted to blow hot and
cold in the same breath. On the one hand it had chosen not to
file any petition or application to challenge the transfer and
appointment of Sri Virendra Singh as Principal of the College in
5
question and on the other hand not sending the salary bills of
teaching and non-teaching staff with Sri Virendra Singh,
Principal of the said college which cannot be permitted under
law.
That being the position, we are of the considered opinion
that the Committee of Management ought to have sent the
salary bills of the teaching and non-teaching staff under the
Principal ship of Sri Virendra Singh and that having not been
done, the DIOS was fully justified in passing the order of single
operation of the salary account. We, therefore, do not find any
legal infirmity in the order passed by the learned Single Judge.
The appeal fails and it is, accordingly, dismissed.
However, if the appellants Committee of Management
undertake to send the salary bills of the teaching and non-
teaching staff of the college including the salary bill of Sri
Virendra Singh as Principal of the College and under joint
signature of the Principal and the Committee of Management
then after receiving the salary bill the order of single operation
shall be withdrawn by the DIOS as the same has been passed
only on account of not submitting the salary bills.
Order Date :- 23.7.2010
SKM