Court No. - 6 Case :- SERVICE SINGLE No. - 8080 of 2009 Petitioner :- Talukdar Singh Respondent :- State Of U.P. ,Thu. Principal Secretary, Basic Education Petitioner Counsel :- P.N. Singh Kaushik Respondent Counsel :- C.S.C.,R.P. Verma Hon'ble Shabihul Hasnain,J.
Heard Sri P.N. Kaushik learned counsel for the petitioner, Sri R.P.
Verma for the Basic Shiksha Adhikari and learned Standing Counsel for
other opposite parties.
Issue notice to opposite party nos. 6 and 7.
The petitioner counsel submits that petitioner no. 1 was appointed on
3.12.1979, petitioner no. 2 on 1.7.1980, petitioner no. 3 on 5.9.1980,
petitioner no. 4 on 10.10.1980, petitioner no. 5 on 3.8.1985, petitioner
no. 6 on 1.7.1979 and they are continuing in service since then. The
college in question was provided grant-in-aid in 2006. The respondents
have declined to pay salary saying that the petitioners were not
appointed in accordance with 1979 Rules.
Several opportunities were given to the respective counsel for the
opposite parties but no instructions / counter affidavit has come from
the Additional Director ( Basic). However, Sri R.P. Verma on the basis of
instructions states that the names of the petitioners were there in the
M.R. list filed by the college.
In case the petitioners were appointed as mentioned above it appears
that they have worked for extraordinary long time and today at this stage
they are being ousted. Once the college has been placed under grant-
in-aid it is incumbent on the part of the college to pay salary from the
date the college has been placed under grant-in-aid list.
Accordingly, the opposite parties are directed to pay salary to the
petitioners which shall be subject to the further orders of the court.
Order Date :- 2.2.2010
Om.