Neutral Citation No. - 2025:AHC:74992 Court No. - 38 Case :- WRIT - A No. - 52749 of 2014 Petitioner :- Dinesh Kumar Respondent :- State Of U.P. And 3 Ors Counsel for Petitioner :- R.K. Singh Kaosik,Rajnish Kumar Srivastava Counsel for Respondent :- Nagendra Kumar Mishra Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and learned counsel appearing for respondent no.4-Commitee of Management. 2. Present writ petition has been filed for following relief: "(i) issue a writ, order or direction in the nature of mandamus commanding and directing the D.I.O.S. Jaunpur respondent no.3 to pass appropriate order in accordance with law and sanction the salary of the petitioner payable under the law as and when it due month to month on the post of assistant teacher (Lt. Grade) Hindi. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent no.3 to pass appropriate order in the matter of the petitioner in which hearing is completed by him regarding the payment of the salary of the petitioner." 3. Pursuant to the notification dated 02.07.1998, the petitioner has participated in the selection process and accordingly, selection list was prepared on 25.07.1998 and the petitioner was appointed on the post of Assistant Teacher LT Grade and his appointment was forwarded to the District Inspector of Schools, Jaunpur vide letter dated 29.07.1998. Subsequently, after examining the record, the respondents have approved the appointment of petitioner vide order dated 21.12.1998. After appointment, petitioner was denied to discharge his duties in the said institution. Despite working in the said institution, petitioner has not received salaries. Hence, he made several representations to the District Inspector of Schools, Jaunpur requesting release of salary based on the approval and the respondents have not acted upon the request. Hence, the present writ petition. 4. After notice, respondents have filed counter affidavit. In the counter affidavit, they have admitted that the petitioner is working continuously in the said institution and because of general order of the Director of Education to make inquiry on certain issues before releasing the salary of those persons whom appointment have been approved by Late Sangam Lal Shukla, the then District Inspector of Schools, Jaunpur. The inquiry was completed, but no decision has been taken. 5. Learned counsel for the petitioner has submitted that the respondents are not releasing salary only on the ground that management is not competent to appoint teachers in short term vacancy. Though, they have approved the appointment of the petitioner but they are not releasing salary. He further submitted that the same issue was fell for consideration before the Full Bench of this Court in Radha Raizada and Ors. Vs. Committee of Management, Vidyawati Darbari Girls Inter College and Ors., 1994 (3) UPLBEC 1551. Following the said ratio decided by this Court in the above-referred judgment, several writ petitions were disposed of. Leaned counsel for the petitioner has also placed reliance on the judgment passed in Writ A No. 960 of 2001 (Sanjay Kumar Rai V. D.I.O.S. Azamgarh and Another). The said writ petition was disposed of with the following directions: "12. In view of the legal position settled by the Full Bench in the case of Radha Raizada (Supra), no further deliberation is required on the issue and the Court is satisfied that the management was not only competent to fill up the said short term vacancy by appointing the petitioner on the said post, but also followed the procedure explained by the Full Bench i.e., publication of advertisement and holding of selection procedure in accordance with law. 13. In view of above, the Court is of the view that the District Inspector of Schools wrongly invoked U.P. Secondary Education Services Commission Rules, 1995 which have no application in the facts and circumstances of the case. 14. This Court had passed an interim order on 10.01.2001 permitting the petitioner to work until further orders. Admittedly, the petitioner is still working in the institution and is receiving his salary. This Court by a separate order passed on the impleadment application today, has permitted the impleadment of Joint Director of Education concerned. 15. Learned counsel for the petitioner has referred to Section 33 (G) of U.P. Secondary Education Service Selection Boards Act, 1982 which is a provision for regularization for certain appointments against short term vacancies. 16. In view of the above, writ petition is succeeds and is allowed. The impugned order dated 27.11.2000 is quashed. 17. In view of the fact that petitioner's appointment has been held in accordance with law in the aforesaid discussion, the petitioner's case for regularization in terms of Section 33 (G) has to be analyzed at the end of the Joint Director of Education concerned. 18. Accordingly, a writ of mandamus is issued to the Joint Director of Education, Azamgarh Region, Azamgarh to consider the petitioner's case for regularization in terms of Section 33 (G) of U.P. Secondary Education Service Selection Boards Act, 1982 in accordance with law within a period of three months from the date a certified copy of the order is produced before him." 6. On considering the submissions of the counsel for the parties and perusal of the averments made in the counter affidavit, as the respondents are not paying salaries to the petitioner only on the ground that the management has appointed the petitioner on short term vacancy. As the issue was already decided by this Court in the Radha Raizada (supra) and also in Writ A No. 960 of 2001, this writ petition is also disposed of directing the respondents, more particularly respondent no.3 to release salary to the petitioner, within a period of two months from the date of receipt of certified copy of this order. Order Date :- 8.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad