Dharmvir
Vs. State of U.P. & Ors [1995] INSC 458 (4 September 1995)
Ramaswamy,
K. Ramaswamy, K. Hansaria B.L. (J)
CITATION:
JT 1995 (9) 585 1995 SCALE (5)566
ACT:
HEAD NOTE:
O R D
E R
Leave
granted.
We
have heard the counsel for the parties. The only controversy in this case is
whether the appellant is entitled for salary for the period during which he had
worked. Though the controversy has been raised as to whether he was validly
appointed in accordance with the proceedings prescribed by the appropriate
rules, it is not necessary for us to go into that controversy as it is not the
question in issue. The District Inspector of Schools, Bulandshahar in his
report dated February 1, 1989 had stated that he had inspected the Adarsh
Higher Secondary School, Raunija on January 25, 1989 and found that the
appellant had been working since September 3, 1985 as teacher since the
reserved teacher, viz., Kanchi Mal Gupta, had not joined and one Vijay Kumar
had also left the post. Consequently, since the Maths Teacher post was vacant
and the appellant had been working ever since September 3, 1985, the appellant is entitled to the payment of salary.
Ms. Rachna
Gupta, the learned counsel appearing for the respondent-Management, has stated
that the Manager and the appellant had colluded and got double payment. Salary
had been duly paid pursuant to the direction of this Court. But he was paid by
the Management itself for the period from September 1985 to June 1988. If that
is so, it would be open to the Management, in consultation with the District
Inspector of Schools, to have it verified whether the salary in fact was paid
to the appellant for the period in question. If he has already received it, he
is not entitled to the salary now for the same period. We also direct that
appellant's entitlement to continue in service according to the rules be
decided by the appropriate authority and the post would be filled in accordance
with rules. In case the appellant becomes over-aged for consideration,
necessary relaxation will be given and he will be considered along with the
candidates to be interviewed by the appropriate Committee in accordance with
the rules.
The
appeals are accordingly disposed of. No costs.
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