Allowed

Ram Kumar v. District Inspector of Schools and Another

Allahabad HC14 Aug 2018SPLA/377/2018

Case brief

AI extract

What is this about?

Criminal Extraordinary Appeal against a Single Bench order dismissing a writ petition that upheld the cancellation of an employee's appointment. The High Court found the lower court erred in accepting documentary claims over affidavit averments showing 13 existing vacancies.

What did the court decide?

The impugned order dated 23.01.2018 set aside; cancellation orders declared bad and quashed; appealant's service regularized.

Ram Kumar Vs District Inspector of Schools… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 377 of 2018

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Appellant :- Ram Kumar Respondent :- District Inspector Of Schools And Another Counsel for Appellant :- Subodh Kumar Counsel for Respondent :- C.S.C.

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is before us to examine the correctness of the order dated 23.01.2018 passed by learned Single Bench in Writ-C No.24536 of 1988. By the order aforesaid learned Single Bench while dismissing the petition for writ affirmed the order dated 10.10.1988 cancelling appointment of the appellant-petitioner as class-IV employee.

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In brief, factual matrix of the case is that under the order dated 19.09.1988 an appointment was accorded to the appellant-petitioner as class-IV employee in A. B. Rich Inter College, Shahjahanpur on probation for a period of one year against existing vacancy that became available due to retirement of one Sri Pooran Lal. The Principal, A. B. Rich Inter College, Shahjahanpur vide order dated 12.10.1988 in pursuance to an order dated 10.10.1988 passed by the District Inspector of Schools, Shahjahanpur cancelled the appointment given. As per order dated 10.10.1988, at the time of appointment of the appellant-petitioner as class IV employee the Institution was having only 10 sanctioned posts and two were subsequently accorded as such at the most 12 persons could have been employed in class-IV cadre but the appellant-petitioner being 13th employee was employed without having any vacancy.

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Being aggrieved by the order of the Principal, A.B.Rich Inter College, Shahjahanpur the appellant-petitioner preferred a petition for writ that came to be dismissed under the judgement impugned dated 23.01.2018. Learned Single Bench while dismissing the petition for writ accepted the averments contained in the letter dated 10.10.1988 passed by the District Inspector of Schools, Shahjahanpur. Learned Single Bench also rejected claim of the appellant-petitioner that being 15 sanctioned vacancies now available, service of the appellant-petitioner can be regularized even now in class-IV cadre.

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In appeal while questioning correctness of the order dated 23.01.2018

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argument advanced by learned counsel appearing on behalf of appellant is that as per averments contained in paras 6 and 7 of the counter affidavit, the respondents were having 13 vacancies on the date appointment was accorded to the appellant-petitioner. Learned Single Bench while adjudicating the petition for writ failed to appreciate this aspect of the matter.

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On going through the averments contained in paras 6 and 7 of the counter affidavit sworn by Sri Satya Prakash Verma, Accountant in the office of D.I.O.S., Shahjahanpur, 13 posts of class IV employee were existing in the Institution on the date appointment was accorded to the appellantpetitioner. If the averments made in paras 6 and 7 are to be accepted then we do not find any wrong in appointment of the appellant-petitioner against the vacancy existing. Though the averments contained in paras 6 and 7 of the counter affidavit are not in consonance with averments contained in the document dated 12.10.1988 but those cannot be ignored being stated on oath by Officer In-charge of the case. It is also relevant to notice that as per document (Annexure-1 to the writ petition) 13 persons were working in class IV cadre of the Institution in the month of September, 1973 and all those persons were getting pay in regular pay scale. Subsequent thereto by order dated 15.10.1974 and 03.10.1974 two more posts were sanctioned. These documents substantiate the averments contained in para-6 and 7 of the counter affidavit. It is also pertinent to notice that in para 8 of the counter affidavit the fact about availability of 13 vacancies is accepted.

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In view of this factual background, we are of the opinion that the averments contained in the counter affidavit are more trustworthy than the document dated 12.10.1988. As already stated, the sole reason to discontinue the appellant-petitioner from service was non availability of vacancy, which is apparently incorrect.

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In result the appeal succeeds. The same is allowed. The order dated 23.01.2018 passed by learned Single Bench in Writ-C No.24536 of 1988 is set aside. The petition for writ is allowed. The order dated 12.10.1988 passed by A.B.Rich Inter College, Shahjahanpur and the order dated 10.10.1988 passed by the District Inspector of Schools, Shahjahanpur are declared bad and thus are quashed. The petitioner is entitled to continue in service of the respondents as a consequence to the appointment that was

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made under order dated 19.09.1988.

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No order as to costs.

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Order Date :- 14.8.2018

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Asha

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(Chandra Dhari Singh,J.) (Govind Mathur,J.)

Ram Kumar v. District Inspector of Schools and Another

Case brief

What is this about?

What did the court decide?

Ram Kumar v. District Inspector of Schools and Another

Case brief

What is this about?

What did the court decide?

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