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WRIA(A)_23843_2018
WRIA(A)_23843_2018
A.F.R.
Neutral Citation No. - 2024:AHC: 99998
Reserved on 27.5.2024
Delivered on 31.5.2024
Court No. - 36
Case :- WRIT - A No. - 23843 of 2018
Petitioner :- Sanjay Kumar Singh And 3 Others
Respondent :- District Basic Education Officer, Jaunpur And 2 Others
Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh,
Counsel for Respondent :- Abhishek Srivastava,C.S.C.,Mrigraj
Singh
4. The petitioners being duly qualified and eligible applied for the
posts. The Selection Committee including the nominee of the
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6. He further submits that one Bachai Singh has filed Civil Misc.
Writ Petition No. 4888 of 2007 before this Court and by order
dated 31.1.2007 payment of salary to the petitioners was stayed.
By order dated 11.4.2018 the said writ petition was dismissed and
the interim order stood vacated.
7. He further submits that some enquiry was made behind the back of
the petitioners but neither any disciplinary proceedings were
initiated nor suspension order was passed nor services of the
petitioners were terminated till date nor approval granted by the
District Basic Education Officer, Jaunpur on 21.8.2003 was
recalled.
10. In support of his submissions counsel for the petitones relied upon
the Apex Court in (A) (i) Civil Appeal Nos. 7634-7635 of 2022
(Professor (Dr.) Srejith P.S. vs. Dr.Rajasree M.S. And
others) decided on 21.10.2022,; (ii) State of Odisha and
others vs. Sulekh Chandra Pradhan etc. (2022
LiveLaw( SC) 393); (iii) Devesh Sharma vs. Union of
India (Misc. Application (Diary No. 4303/2024 decided on
8.4.2024; (B) Division Bench Judgment of this Court in Special
Appeal (Devective) No. 890 of 2023 (State of U.P. And
others vs. Ram Avtar Singh and others) decided on
9.1.2024.
17.After hearing the learned counsel for the parties, the Court has
perused the record.
22. The record of the case in hand shows that there is only bald
(supra) has held in the relevant pagraph nos. 5, 6, 8, 10, 14, 15,
33 and 34 as follows:
34. We feel that the appellants were not at fault and the
State could not have abruptly stopped their salaries.
Accordingly, we set aside the judgments of the High
Court dated 15.09.2021 in Special Appeal Nos.
1435/2013 and 1445/2013 and direct that the State
shall pay the salaries of the appellants for the period
from 25.06.1999 till January, 2002 in full. We also direct
that insofar as the period from October 2005 till today is
concerned, the State shall pay the appellants 50% of the
backwages. Since the appointment order and the
approval order are still in force, we declare that the
appellants have always been and are deemed to be in
service. Apart from 50% backwages, as ordered above,
we direct that all consequential benefits, includig
seniority, notional promotion, if any, and fitment of
salary and other service benefits due, be granted to the
appellants. We direct the State to comply with these
directons within four weeks from today. We also direct
tht the appellants be allowed to commence work within
the said period of four weeks.” (Emphasis supplied)
24. The record further reveals that State Authorities took a conscious
25. The Apex Court in the case of Md. Zamil Ahmad (supra) has
held in the relevant paragraph nos. 15, 19, 21 and 22as follows:
21) In our considered view, the aforesaid facts would clearly show
that it was a conscious decision taken by the State for giving an
appointment to the appellant for the benefit of the family members of
the deceased who were facing financial hardship due to sudden
demise of their bread earner. The appellant being the only close
relative of the deceased could be given the appointment in the
circumstances prevailing in the family. In our view, it was a right
decision taken by the State as a welfare state to help the family of the
deceased at the time of need of the family.
27. The Apex Court in the case of Vinod Kumar (supra) has held in
Having regard to the fact that the petitioners have been in service
for a long period we are of the view that their appointments ought
not to be disturbed only on the ground of allged lack of
qualification which is contested by the petitioners.
(Emphasis supplied)
10. Facts as have been noticed above are not in issue. It remains
undisputed that respondent claimed compassionate appointment in
the year 2000 and was offered such appointment in 2003. The
father of the respondent had clearly given an affidavit wherein it
was mentioned that he was employed in the Education Department
of the State. From such material it can clearly be deduced that the
factum of the father of the respondent being in Government
Service was a fact clearly made known to the authorities and it can
therefore not be asserted by the appellant that there was any
fraud or misrepresentation made on part of the
respondent. (Emphasis supplied)
30. Against the said order in Uday Pratap Singh (supra) the State
went in appeal before the Apex Court, which has been dismissed
on 16.4.2024.
34. The Apex Court in Sandeep Kumar (supra) has held in relevant
35. Learned Chief Standing Counsel has vehemently argues that while
appointing the petitioners Rules 4,5, and 7 of the Rules 1978 have
not been complied with. In support of his submissions he placed
reliance to paragraph nos. 32 and 35 of the judgment of the Apex
Court in Sulekh Chandra Pradhan (supra) which is quoted
below:
35. The impugned order passed by the High Court depicts total non-
application of mind. Whereas the cause title would itself show that a Writ
Petition (Civil) No.6557 of 2018 is disposed of by the impugned judgment,
the High Court observed that the order dated 18 th May, 2017, passed by the
Tribunal in O.A. No.2266 of 2015, has not been challenged by the State.
Whereas the teachers have hardly worked for four years and a substantial part
thereof on account of interim orders passed by the High Court, the High
Court goes on to 5 (1997) 2 SCC 635 observe that the teachers have worked
for a period of more than 20 years. No reasons, leave aside sound reasons, are
reflected in the impugned order while dismissing the writ petitions filed by
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the State.
36.In the case cited above by the State, the appointment was made by
the Management Committee of the School in the year 1988 and
after the Government Order was issued the services of the
candidates were terminated. Thereafter they approached the High
Court in which interim order was passed permitting them to
continue in service as in interim protection but in the case in hand
the approval was sought by the State Authority as Authority
Controller, approval was granted by the State Authorites i.e. the
District Basic Education Officer and after adopting due process of
selection in the presence of the nominee of the District Basic
Education Officer the selection has been undertaken. After
completing the selection process the Authorised Controller
( appointed by the State Authority) forwarded the names of the
selected candidates to the District Basic Education Officer for its
approval for appointment. By the order dated 21.8.2003 the
approval was accorded, therefore, the the case referred to above is
entirely different in the facts and circumstances of the present case
and will not give any aid to the respondents.
38. 8.10 At this stage, it is required to be noted that even as per Section
13(4) of the University Act, 2015, the Committee shall recommend
unanimously a panel of not less than three suitable persons from
amongst the eminent persons in the field of engineering sciences,
which shall be placed before the Visitor/Chancellor. In the present
case, admittedly the only name of respondent No. 1 was
recommended to the Chancellor. As per the UGC Regulations also,
the Visitor/Chancellor shall appoint the Vice Chancellor out of the
panel of names recommended by the Search Committee. Therefore,
when only one name was recommended and the panel of names was
not recommended, the Chancellor had no option to consider the
names of the other candidates. Therefore, the appointment of the
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40. In the case cited above the appointment of the Vice Chancellor
was made diluting some provisions where the Apex Court has
taken the view that the provisions of U.G.C. Regulations will be
applicable and provisions cannot be diluted but the case in hand
the responents have not approached the Court even after enquiry
report dated 24.3.2008 for issuance of writ of quo warranto or
appointments of petitioners were illegal or dehors the rules,
therefore above cited judgments is of no aid to the respondents
specially in view of latest judgment of Apex Court in the case of
Vinod Kumar (supra) and Sandeep Kumar (supra).
41. Learned Chief Standing Counsel further argued that the petitoners
42.In the case in hand the approval was sought by the State Authority
as Authority Controller, approval was granted by the State
Authorites i.e. the District Basic Education Officer and after
adopting due process of selection in the presence of the nominee
of the District Basic Education Officer the selection has been
undertaken. After completing the selection process the Authorised
Controller ( appointed by the State Authority) forwarded the
names of the selected candidates to the District Basic Education
Officer for its approval for appointment. By the order dated
21.8.2003 the approval was accorded which is still intact. In others
words the approval has not been recalled till date.
43. Further in the case of Radhay Shyam Yadav (supra) the Apex
Court has recently held that since the approval is still enforce, the
appellants therein were deemed to be in service and directed to
pay arrears of salary with all consequential benefits, including
seniority, notional promotion, if any, and fitment of salary and
other service benefites due, be granted to the appellants therein.
45. The report dated 24.3.2008 alleging that the petitioners were in
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Digitally signed by :-
SYED AKHTARMOHAMMAD MEQDAD
High Court of Judicature at Allahabad