Ramashanker Pandey vs State of U.P.and Others

Rakesh Sharma, J.—Heard Sri R.B. Pandey, learned counsel for the petitioner and the learned Standing Counsel appearing for the opposite parties No.1 and 2.

This case is pending disposal sicne 1994. More than 11 years have passed and no counter affidavit has been filed by the employer i.e. Committee of Management, Jagdish Narain Intermediate College, Dhingawas, Pratapgarh. No instructions have been made available by the D.I.O.S., Pratapgarh. The Committee of Management has also not filed any counter affidavit nor it has been represented through the counsel before the Court. The opposite party No.4 has filed a counter affidavit indicating therein that in fact the petitioner had joined as Assistant Teacher on 1.8.1985.

As far as the petitioner is concerned, according to the opposite party No.4, the petitioner is not in the employment and was not seen by him in the institution.

The grievence of the petitioner is that he has been working as Assitant Teacher L.T. Grade since 1.1.1986 and discharging duties and responsibilities of the post and he is entitled for the salary. Initially he was a C.T. Grade teacher but lateron when the C.T. cadre declared as dying cadre, he was absorbed in L.T. Grade Assistant Teacher. The petitioner has also placed several documents to prove that he was working as Assistant Teacher in the said institution and the D.I.O.S., Pratapgarh vide order dated 14.9.1984, had approved the appointment of the petitioner as C.T. Grade Teacher. A copy of the letter of approval issued by the D.I.O.S., Pratapgarh is annexed as Annexure1 to the writ petition. The record further reveals that the D.I.O.S., Pratapgarh vide letter dated 22.7.1998 had written to the Management of the College to absorb the petitioner in the service and it was indicated in this letter that there was no formal order of termination of services of the petitioner. The relevant portion of the letter sent by the D.I.O.S., Pratapgarh dated 22.7.1998 is quoted below:

Thus the petitioner has established that employeremployee relations were continuing and there was no order of termination of services issued by the Management. It is evident from the letter dated 22.7.1998 sent by the D.I.O.S., Pratapgarh to the Manager of the College that even instructions contained in this letter have been ignored by the Management.

In view of above, the writ petition is allowed. The opposite parties are directed to allow the petitioner to continue in the services, consider his case for regularization and pay him regular salary as Assistant Teacher L.T. Grade along with the back wages to be counted from 1.7.1988 since when the petitioner was prevented to work. This order shall be complied with within three months from the date of production of a certified copy of this order.

(Petition allowed)