Neutral Citation No. - 2025:AHC:134140 Court No. - 38 Case :- WRIT - A No. - 59550 of 2010 Petitioner :- Sukh Nandan Mall And Others Respondent :- State of U.P. and Others Counsel for Petitioner :- A. B. Singh,Manish Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard Sri A.B. Singh, learned counsel for the petitioners and learned Standing Counsel for the respondents. 2. Present writ petition has been filed questioning the order dated 19.6.2009 passed by respondent no.1. Further prayer has been made for direction to respondents to pay salaries of the petitioners since initial appointment forthwith. 3. In an identical situation, by impugned order dated 19.6.2009, the first respondent has rejected payment of salaries to all 10 teachers. The said proceedings were assailed by 05 teachers in Writ A No. 25460 of 1991. Based on the interim directions granted in the said writ petition, the authorities have released salaries and continued to pay the same. Hence, petitioners have filed present writ petition. Considering the submissions and perusal of the record, this Court has passed following order on 28.05.2025: "1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. 2. Learned counsel for the petitioners has submitted that in fact, ten teachers were appointed in the Institution, five of them have approached this Court by way of filing Writ-A No.62499 of 2009 questioning the same impugned order. In the said writ petition, this Court has passed the following orders on 11.05.2010: "Heard Sri Somesh Khare, learned counsel for the revisionist, learned Standing Counsel appearing for respondent nos.1 to 3 and Sri S.K. Mishra, for the Committee of Management. Learned counsel for the petitioner has submitted that the petitioner are working in primary Section of Asoka Inter College, Rampur Karkhana, District Deoria. The primary section of the institution was approved by the D.I.O.S. on 21.4.1960. As per learned counsel for the revisionist Sri Somesh Khare all the petitioners are working in primary section of Ashoka Inter College, Rampur Karkhana, District Deoria. THe primary section of the institution was approved by the DIOS on 21.4.1960. The primary section, higher secondary and intermediate section are managed by one committee of management and is situate in the same campus. A large number of students are being imparted instructions by the petitioners who are primary teachers. They have been appointed during the period 30.6.1989. All of them have put in substantially long period of service, in some cases more than 20 years. Employer and employee relations are continuing. The primary section teachers cannot suffer due to inaction and lethargy on the part of the respondents in not pursuing the case of the institution properly before the authorities of the department seeking grant of aid etc. This Court has noted that the D.I.O.S. in its order dated 19th June, 2009 has indicated that the relevant documents were not made available to the said office. However, it is not disputed that the petitioners are still continuing in the institution as primary section teachers. In view of the above, it is provided that the petitioner shall be paid their regular monthly salary w.e.f. 1st May, 2010 for the post of Assistant Teacher in primary section of Ashoka Inter College, Rampur Karkhana, District Deoria. List in the 1st week of August, 2010." 3. By virtue of the said orders, the respondents have released the salary to the petitioners therein though the petitioners in this petition are identically situated but salary has not been released. Learned Standing Counsel was granted time thrice to get instructions with regard to the aforesaid fact. 4. Learned Standing Counsel has shown his inability to get the instructions in the matter. Hence, with no option, by following the observations made above, there shall be a direction to the respondents to release regular salary to the petitioners for the post of Assistant Teacher in primary section of Ashoka Inter College, Rampur Karkhana, District Deoria 5. List this matter along with Writ-A No.62499 of 2009." 4. Consequent to the abovesaid orders, the respondents have filed their affidavit dated 23rd July, 2025. In paragraph 12 of the said affidavit, they have stated that as per the statement submitted by the institution out of 10 petitioners in the earlier writ petition, 05 petitioners namely, Shri Ashok Kumar Mishra, Shri Sukhnandan Mall, Shri Sanjay Vishwakarma, Shri Prem Bahadur Singh and Shri Ram Iqbal Singh were continuously remain absent from 01.10.1992, hence, their services were terminated by the management on 13.02.1996 and also based on the record, notices issued on 01.10.1992 and 13.10.1993 shows that their services were terminated after issuing notices by the institution. In view of the said circumstances, as the petitioners' services were terminated by the institution, they are not entitled for payment of salaries as directed by this Court. 5. To reply the averments made in the affidavit, learned counsel for the petitioners by means of rejoinder affidavit has brought to the notice of Court that all 10 teachers whose salaries were stopped by the Government have approached this Court by way of Writ Petition No. 25460 of 1991. When the Government refused to pay salaries to all the teachers with regard to non-availability of records with regard to their appointments and in fact, the said writ petition was disposed of on 23.07.1999 directing the respondents to pay salaries to all the teachers. 6. Now, the respondents have filed personal affidavit based on the report sent by the institution that the fraud played by the principal and the manager of the institution, who have manipulated the letter and issued the alleged show cause notice against the petitioners and the order of termination was passed. But, in fact, the earlier writ petition was disposed of on 23.07.1999 and for non- implementation of the said order, Contempt Petition No. 513 of 2002 was filed by the petitioners but in the abovesaid litigation, the respondents both the State as well as the management has not brought to the notice of Court about the termination order of the petitioners. That itself shows that those are created with a fraudulent intention. 7. Further, learned counsel for the petitioners has submitted that as per the Section 16G (3)(a) of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) clearly mandates the approval of the District Inspector of Schools for discharge of removal of services of the teachers, but in the instant case, the respondents are not able to place any order of approval of the alleged termination of the petitioners. In fact, the fourth respondents have also filed the counter affidavit in Writ A No. 62499 of 2009 filed by the other petitioners. But there is no mention about any termination order and in the instant case, despite service of notice, the fourth respondent has not appeared and filed any counter affidavit. 8. In the said circumstances, as per the averments made in the affidavit filed by the respondent dated 23.7.2025, it is not as per the records, it has only relied on the report submitted by the manager/principal of the fourth respondent-institution and filed the affidavit denying the payment of salary to the petitioners. In fact, if any, termination order is passed and the said order was approved as per Section 16G (3)(a) of the Act by the District Inspector of Schools he should be able to place along with the affidavit, the alleged termination order. In the said circumstances, as the other petitioners are being paid salaries as directed by this Court on 23.07.1999, the petitioners are also entitled for release of salaries. 9. Considering the said submissions and perusal of the record, as contended by learned counsel for the petitioners, the fourth respondent has not placed any record to show the approval of the alleged termination orders passed against the petitioners by the management. 10. In the said circumstances, as directed by this Court in Writ A No. 25460 of 1991 on 23.07.1999, there shall be a direction to the respondents to pay salary to the petitioners also, within a period of three months from the date of receipt of certified copy of this order. 11. Writ petition is, accordingly, disposed of. Order Date :- 7.8.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad