Umanath,Mahrajganj vs D.I.O.S.Maharajganj & Ors.

J.C. Gupta, J.—Sri S.C. Dwivedi has accepted notice on behalf of respondent No. 2. Standing Counsel has accepted notice on behalf of respondent No. 1. On behalf of respondent No. 2 a short counteraffidavit has been filed.

It appears that the petitioners were already working as Assistant Teacher in L.T. Grade in the institution in question. It is alleged that on 2161997 the Special Secretary to the Education Department superseded the Committee of Management and appointed Authorised Controller in the College. The then D.I.O.S. was appointed as Authorised Controller of the college. The Authorised Controller took over the charge and on 271997 forwarded the papers of the petitioners for promotion as Lecturer in History and Sociology being the senior most qualified teachers available in the L.T Grade and their promotion was approved by the then D.I.O.S. by his order dated 271997. Financial sanction was also granted to the promotion of the petitioners by the D.I.O.S. by his order dated 471997 and in pursuance of the same, the petitioners received salary as Lecturer for the month of July 1997. It further appears that in the meantime, the Committee of Management, respondent No. 2 sent a communication to respondent No. 1, stating therein that the petitioners succeeded in getting promotion by playing fraud. It further appears that the D.I.O.S. is holding some inquiry into the said stand of respondent No. 2 and pending that inquiry, the D.I.O.S. has directed respondent No. 2 not to send salary bills of the petitioners from August, 1997. A perusal of the impugned order indicates that some inquiry is pending before the D.I.O.S. regarding the promotion of the petitioners on the post of Lecturer. In the circumstances respondent No. 1 is directed to decide the said controversy expeditiously within a period of one month from the date a certified copy of this order is produced before him and respondent No. 2 as well as the petitioners are directed to cooperate and submit all necessary papers as may be required for the purposes of inquiry by the D.I.O.S. Learned Counsel for the respondent No. 2 undertakes that within a period of one week from today, the Management shall forward the salary bills of the petitioners for the undisputed amount, that is the salary of L.T grade teacher.

With the above observations, the writ petition is disposed of finally.

W.P. disposed off.