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PETITIONER: DHARMVIR

       Vs.

RESPONDENT: STATE OF U.P. AND OTHERS

DATE OF JUDGMENT04/09/1995

BENCH: RAMASWAMY, K. BENCH: RAMASWAMY, K. HANSARIA B.L. (J)

CITATION:  JT 1995 (9)   585        1995 SCALE  (5)566

ACT:

HEADNOTE:

JUDGMENT:                          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

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Committee in accordance with the rules.      The appeals are accordingly disposed of. No costs.