Court No. - 38 Case :- WRIT - A No. - 1496 of 1993 Petitioner :- A.K. Rawat Respondent :- D.I.O.S. Petitioner Counsel :- Ashok Khare,Siddhartha Khare Respondent Counsel :- S.C. Hon'ble Shishir Kumar,J.
Heard Sri Siddhartha Khare, learned counsel for the petitioner and
the learned Standing Counsel.
The grievance raised by the petitioner in the present writ petition is
that the petitioner on the basis of the adhoc vacancy for the post of
lecturer English, after following the proper procedure, was given
appointment on the post of lecturer. Immediately after
consideration of relevant papers, they were sent to the District
Inspector of Schools for granting financial approval to the
appointment of the petitioner, but the District Inspector of Schools
by the order dated 28.11.1992 has stated that the papers relating to
the appointment of the petitioner, have not been forwarded to the
office of the District Inspector of Schools, therefore, no order can
be passed. Sri Khare, learned Senior counsel for the petitioner
submitted that documents annexed to the writ petition, Annexures-
3 to 5 clearly state that the relevant papers were sent. Even the
reminders were also sent by letter dated 1.9.1991, therefore, the
ground taken by the District Inspector of Schools appears to be
incorrect. Further submission has been made that as the salary to
the petitioner was not being paid, as such, the petitioner has filed
the present writ petition and by order dated 8.1.1993, this Court
had directed that the petitioner will be permitted to continue as
Lecturer English and will be paid salary. According to the
petitioner, the petitioner is still working and salary after 1993 is
being paid to the petitioner up till date. Therefore, now in view of
the amendment of Section 33 of Act No. V of 1982, the petitioner
is entitled for regularisation.
Further submission has been made that salary from 1.9.1990 to
7.9.1993 has not been paid to the petitioner, therefore, the
authority concerned may be directed to pay the arrears of salary
which is due to the petitioner.
I have considered the submissions of the petitoner and the learned
Standing Counsel. From the record it clearly appears that three
letters have been sent on various dates to the District Inspector of
Schools regarding granting financial approval relating to the
appointment of the petitioner. But reasons best known to the
respondents under what circumstances letter dated 28.11.1992 has
been issued stating therein that no papers have been sent. In case
the papers relating to the appointment was not available in the
office of the District Inspector of Schools, he should have issued a
directions to the Principal of the institution to send the papers
again but the claim of the petitioner cannot be denied only on the
ground mentioned in the letter. Further it is to be noted that the
petitioner is working continuously from 1991, therefore, in view of
the amending provision, now the petitioner is entitled for
consideration of regularisation according to rules.
In such circumstances, I am of opinion that this writ petition can
be disposed of finally directing the District Inspector of Schools to
forward all the relevant papers to the Regional Level Committee
within a period of one month from the date of production of
certified copy of the order for the purpose of taking appropriate
action regarding consideration of the claim of the petitioner for
regularisation. The Regional Level Committee is further directed
to consider the claim of the petitioner for regularisation strictly in
accordance with law by speaking and reasoned order within a
period of 3 months thereafter. It is also to be considered by the
relevant authority regarding the payment of arrears of salary which
has not been paid according to the petitioner from 1.9.1990.
The writ petition is disposed of accordingly.
No order is passed as to costs.
Order Date :- 9.7.2010
V.Sri/-