Vishwa Mohini Vs.
District Inspector of Schools 2nd & Ors.
O R D E R
1.
Delay
condoned. Leave granted.
2.
The
appellant was appointed on ad hoc basis on the post of Assistant Teacher by the
Management of the Adarsh Balika Higher Secondary School, P. Road, (Gandhi Nagar)
Kanpur Nagar, U.P. against leave vacancy. Her appointment was not approved by the
District Inspector of Schools and it was communicated to the management vide letter
dated 15.10.1996 mentioning therein that if the appellant is allowed to continue
in service, her salary will have to be paid by the management. The appellant made
a representation to the respondents upon which no action was taken.
3.
The
appellant thereafter filed a writ petition before the High Court of Judicature at
Allahabad which was dismissed by the High Court. The learned Single Judge of High
Court found that the appellant was appointed for a short term by the management
and since Smt. Manju Lata Bajpai, Assistant Teacher, who was on long leave had retired,
substantive vacancy occurred and against the substantive vacancy the management
had no right to make short term appointment.
4.
The
appellant preferred an appeal against the dismissal of the writ petition before
the Division Bench of the High Court. The Division Bench upheld the order of
the learned Single Judge and dismissed the appeal.
5.
We
have heard the learned counsel for the appellant as also the learned counsel for
the respondents.
6.
In
the peculiar facts and circumstances of this case, we are of the considered view
that interest of justice would meet if the appellant is paid for the period she
worked with the concerned school. Accordingly, we direct respondent Nos.1 to 4 to
pay the salary of the appellant for the period she worked, within eight weeks
from today. However, the District Inspector of Schools and the State of U.P.
would be at liberty to recover that amount from the management of the school or
from any other individual.
7.
The
impugned order is accordingly set aside and the appeal is disposed of with the aforementioned
observation and direction. Parties are directed to bear their own costs.
.....................J.
(DALVEER BHANDARI)
.....................J.
(DIPAK MISRA)
New
Delhi;
October
31, 2011.
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