Visheshwar Singh and Others vs State of U.P. and Others

Hon''ble Dilip Gupta, J.—The petitioners, who claim to be member of the General Body of the Society, have filed this petition for quashing the orders dated 4th October, 2011 and 19th October, 2011 passed by the District Inspector of School, Deoria by which payment of salary to respondent Nos. 7, 8, 9, 10 and 11, who claim to have been appointed as Assistant Teachers in Sarvodaya Inter College, Deoria, has been sanctioned.

It transpires from the records of the writ petition that the petitioners had earlier filed Writ Petition No. 27156 of 2011 against the earlier orders passed by the District Inspector of Schools sanctioning payment of salary to the said private respondents. This petition was allowed by the judgment and order dated 16th May, 2011 and the two orders were quashed. The matter was, however, remitted to the District Inspector of Schools for passing a fresh order. Special Appeal filed by respondent Nos. 7, 8, 9, 10 and 11 was also dismissed on 18th July, 2011. The District Inspector of Schools has now passed the impugned order sanctioning payment of salary to respondent Nos. 7, 8, 9, 10 and 11.

A preliminary objection has been raised by Sri R.N. Singh, learned Senior Counsel appearing for respondent Nos. 7, 8, 9 and 10 assisted by Sri K.N. Mishra, learned counsel that the petition at the behest of the members of the General Body of the Society cannot be entertained in view of the Division Bench judgment of this Court in Special Appeal (Defective) No. 1172 of 2009 Km. Vijeta Tripathi Vs. State of U.P. & Ors., decided on 9th November, 2009.

Sri Ashok Khare, learned Senior Counsel appearing for the petitioners has, however, submitted that this objection was raised by private respondent Nos. 7, 8, 9 and 10 in Writ Petition No. 27156 of 2011 but it did not find favour of the Court and the Special Appeal filed by private respondents was also dismissed. It is also his contention that it is after about twenty years of the alleged appointment that the District Inspector of Schools has now sanctioned payment of salary to the private respondents even though the appointments are illegal.

Sri R.N. Singh, learned Senior Counsel appearing for the respondents has, however, pointed out that the private respondents had been agitating their claim from 1991 when writ petitions were filed and it was ultimately in March, 2011 that an order for sanction of payment of salary to respondents was passed, but this order was set aside with a direction to the District Inspector of Schools to pass a fresh order.

Learned Standing Counsel appears for respondent Nos. 1 to 5. Respondent Nos. 7, 8, 9 and 10 are represented by Sri R.N. Singh, learned Senior Counsel assisted by Sri K.N. Mishra. Sri S.A. Lahiri, has filed his Vakalatnama on behalf of respondent No.11. Issue notice to respondent No.6 by registered post. Steps may be taken within a week. The respondents may file a counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.

List this petition for admission/hearing on 21st December, 2011.

The preliminary objection raised by Sri R.N. Singh, learned Senior Counsel appearing for respondent Nos. 7 to 10 as also the contention of learned Senior Counsel for the petitioners shall be examined after exchange of affidavits.