Court gave direction to Committee of Management and District Inspector of Schools to ensure confirmation of petitioner as class-IV employee within three months by producing a certified copy of the order.
Directed Committee of Management to confirm petitioner within three months of producing certified copy of order to them.
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Court No. - 13
Case :- WRIT - A No. - 10728 of 2009
Petitioner :- Ram Khilari Respondent :- State Of U.P. & Others Counsel for Petitioner :- Vinod Kr. Singh Counsel for Respondent :- C.S.C.,A.Jain
Hon'ble Ajit Kumar,J.
List is being revised. Nobody is present on behalf of the Committee of Management-respondent no.3.
The controversy involved in the present case relates to the confirmation of the petitioner as class-IV employee in the Institution.
The factual background of the case is that one Om Prakash was selected and appointed by the then Principal of the Institution in the year, 1986. However, the said appointment was not approved by the District Inspector of Schools and accordingly, he filed a civil suit bearing O.S. No. 728 of 1986. In the meanwhile, the respondent no.4 started fresh selection on the post in question and the petitioner was selected and appointed vide order dated 9.6.1992 in pursuance thereof the petitioner joined his duties on 15th June, 1992. On papers being transmitted to the District Inspector of Schools for approval to the selection and appointment of the petitioner, the District Inspector of Schools passed an order on 6th July, 1992 approving the appointment of the petitioner with a rider. It appears from the approval order that the approval was made subject to the final outcome of the civil suit instituted by the earlier selected candidate. In paragraph 14 of the writ petition, it is stated that the aforesaid O.S. No. 728 of 1986 was dismissed on 17th March, 2006 in the absence of the counsel for the plaintiff and the order to that effect has also been appended as Annexure-3 to the writ petition.
It appears that thereafter the petitioner moved some applications that his services have not been confirmed as neither any recall nor restoration application was filed by the plaintiff in respect of the aforesaid order passed in the suit. The District Inspector of Schools, vide order dated 20th September, 2008 directed the Committee of Management to proceed with the confirmation of the petitioner as the department has no more objection in the face of the fact of dismissal civil suit subject to which earlier approval was granted. According to the petitioner, thereafter the Committee of Management has not taken any decision under
the relevant regularizations of the Intermediate Education Act, 1921. He contends that although the period of probation is one year and yet the Committee of Management instead of passing any effective order, is just sitting tight over the matter.
The learned Standing Counsel also could not justify as to under what circumstances, the DIOS could not ensure compliance of his own order.
In these circumstances, I directed the Committee of Management-respondent no.3 to take an effective decision with regard to the confirmation of the petitioner in service if otherwise there is no legal impediment. The District Inspector of Schools shall also ensure that the order of the Court is effectively complied with by the Committee of Management. The petitioner shall move an application to the Committee of Management with an advance copy of this order to the District Inspector of Schools for necessary orders to be passed by the Competent Authority.
It is made clear that in the event of certified copy of this order being presented before the Committee of Management with an advance copy of this order to the District Inspector of Schools, the District Inspector of Schools shall ensure that the decision in the matter qua the confirmation of the petitioner shall be taken within a period of three months from the date of production of a certified copy of this order.
The writ petition, accordingly, stands disposed of.
Order Date :- 18.5.2018 Atmesh
3 issues framed by the court
Whether the Committee of Management should confirm the petitioner as a class-IV employee after dismissal of the preceding candidate's civil suit.
Whether the District Inspector of Schools ensured compliance with his order regarding the petitioner's confirmation.
What timeline was set for the Committee of Management to take a decision on the petitioner's confirmation.
Ram Khilari
State Of U.P.
Committee of Management
District Inspector of Schools
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
