Court No. - 29 Case :- SPECIAL APPEAL No. - 1055 of 2010 Petitioner :- Tajim Ahmad Khan And Others Respondent :- State Of U.P. & Ors. Petitioner Counsel :- R.K. Singh,Ashok Khare Respondent Counsel :- C.S.C. Hon'ble Sunil Ambwani,J.
Hon’ble Kashi Nath Pandey,J.
Learned Standing Counsel appears for respondent nos. 1 and 2.
Shri R.V. Pathak appears for respondent nos. 3, 4 and 5. All the
respondents are allowed four weeks’ time to file counter affidavit.
The appellants will have one week thereafter to file rejoinder
affidavit.
List this Special Appeal for hearing on 16.8.2010.
Shri Ashok Khare, Senior Advocate assisted by Shri R.K. Singh
submits that by the amendment vide Schedule II of the
Notification dated 13.6.1979, Section 16-G of the Intermediate
Education Act, 1921 stood amended to the extent that in the
marginal heading, the words “Conditions of Service of the Head of
Institutions, Teachers and other Employees”, were substituted by
the words “Conditions of Service of Head of Institutions, and
Teachers” for the schools run by Local Bodies. He submits that by
virtue of Section 73 (1) of the UP Municipalities Act, 1916, in
such case the Executive Officer shall be the Appointing Authority
of Class IV employees of the Schools and Colleges, even if they
are recognised and are regulated by the provisions of UP
Intermediate Education Act, 1921.
Shri Ashok Khare further submits that the petitioners were
appointed in the year 2005, by a Selection Committee headed by
the Chairman of the Nagar Palika. The appointment orders were
issued by the Executive Officer. He submits that learned Single
Judge had erred in finding that in the absence of notification under
the UP Intermediate Education Act, 1921, the Principal continues
to enjoy the authority to make appointment against Class IV posts.
He would submit that a common gradation list of the Class IV
employee of the Nagar Palika including the employees of the
School is maintained and that the employee of the school can be
transferred to any other office or department of the Nagar Palika.
The grounds of appeal require consideration.
Until further orders the appellants’ services as Class IV employees
shall not be dispensed with. They will be allowed to continue and
will be paid their salaries regularly.
Order Date :- 6.7.2010
RKP