U.P. & Ors Vs. Smt. Damyanti Singh
& Ors  INSC 80 (27 January 1997)
RAMASWAMY, G.T. NANAVATI
27TH DAY OF JANUARY, 1997 Present:
Mr. Justice K. Ramaswamy Hon'ble Mr. Justice G.t. Nanavati R.C. Verma, S.P. Khera
and R.B. Misra, Advs. for the appellants.Lalita
Kohli, C. Siddarth, Majoh M. Misra and Manoj Swarup, Advs. for the Respondents.
O R D E
following Order of the Court was delivered:
appeal by special leave arises from the judgment of the High Court of Allahabad,
made on September 22,
1995 in Second Appeal
No.1959 of 1991. The admitted position is that Mahadeo Prasad Vishwanath Prasad
Girls High School Harraiya was functioning as an upgraded school from July 14, 1977. It is the case of the first
respondent that she was appointed as a teacher and therefore, she is entitled
to be permanent teacher and therefore, she is entitled to be permanent teacher
in the School with consequential benefits as she was regularly appointed. The
courts below granted the decree which has been, on appeal, confirmed by the
High Court. Thus, this appeal by special leave.
directed the respondents to produce the record of the returns given by the
Management with regard to the teachers working in the institution after the upgradation
w.e.f. July 14, 1977. The record have been placed before
records indicate that for the year 1977-78 and 1978-79, admittedly, the name of
the first respondent does not find place. With regard to 1979-80, it is seen
that she was working against a leave vacancy. On September 9, 1982, the approval consisting of 9 names in respect of the
teachers working in the High School was given but it did not mention the name
of the first respondent. This factual position was also accepted by the]
District Judge but he held that she cannot be penaalised for the mistake of the
Management in not sending the name of the first respondent. We fail to
appreciate the view taken by the District Judge and approved by the High Court
as correct. The official reports reflect the correct state of affairs. Since
the approval of the authorities is required under the] U.P. Intermediation
Education Act, 1921, after upgradation of the school w.e.f.
14, 1977, it would be
axiomatic that appointment of the staff working in the school would get
approved by the competent authority. Otherwise, the same cannot be recognised
and treated as regular go as to be entitled to receive aid from the Government.
It is not is dispute that Writ Petition No.798/1983 was filed by the respondent
in the High Court claiming payment of the arrears of the salary.
Regional Inspectors of Girls School, Gorakhpur had filed the counter-affidavit in the High Court disputing that
correctness of her status as she had been duly appointed by the Management. The
Division Bench of the High Court by order dated August 9, 1983 dismissed the Writ Petition with the observation as under:
view of the averments made in paragraph No.5 and 6 of counter affidavit filed
on behalf of the Regional Inspectors of Girls Schools, we find no merit in the
writ petition." It would, thus, be seen that the] contention of the first
respondent that she was duly appointed by the Management was not accepted by
the High Court. Consequently, the claim for payment of the arrears of salary
view of the above decision and in view of the records placed before us,
obviously, the courts below have misread the documentary evidence and did not
consider the effect of the Division Bench judgment of the High Court. The
single Judge of the High Court did not advert to the effect of the judgment at
all on the ground that it was a finding of fact and came to the conclusion that
the first respondent was duly appointed to the post of teacher.
appeal is accordingly allowed. The decree of the courts below as well as High
Court judgment stand set aside.
suit stands dismissed. No costs.