STATE OF U P . AND ORS versus SMT. DAMYANTI SINGH AND ORS.

Delay condoned, Leave granted.

p. 564, margin G

This appeal by special leave arises from the judgment of the High Court of Allahabad, made on September 22, 1995 in Second Appeal no. 1959 of 1991. The admitted positio!l is that Mahadeo Prasad Vishwanath Prasad Girls High Schoo~ Harraiya was functioning as an upgraded school from July 14, 1977. It is the case of the first respondent that she was appointed as a teacher and therefore, she is entitled to be permanent teacher in the School with consequential benefits as she was regularly appointed. The courts below granted the decree which has been, on appeal confiimed by the High Court. Thus, this appeal by special leave.:

pp. 564–565, margin G

We directed the respondents to produce the record of the returns given by the Management with regard to the teachers working in the institution after the upgradation w.e.f. July 14, 1977. The records have been placed before us. The reco.rds indicate that for the year 1977-78 and 19778-79, admittedly, the natne of the first respondent does not find place. With regard to 1979-80, it is seen that she was working against a leave vacancy. On September 9, 1982, the approval consisting of 9 names in respect of the teachers working in the High Court School was given but it did not mention the name of the first respondent. This factual position was also accepted by the District Judge but be held that she cannot be penalised for the mistake of the Manage.nent in not sending the name of the first respondent. We fail to appreciate the view taken by the District Judge and appr-oved by the High Court as correct. The official reports reflect the correct state of affairs. Since the approval of the authorities· is required under the U.P. lntemJediation Education Ac~ 1921, after. upgradation· of the school w.e.f. July 14, 1977, it would be axiomatic that appointment of the staff working in the school would get approved by the competent authority. Otherwise, the same cannot be recognised and treated as regular so as to be entitled to receive aid from the Government It is not in dispute that Writ Petition No. 7989/1983 was flied by the respondent in the High Court claiming payment of the arrears of the salary. The Regional Jnspectoress of Girls School, Gorakhpur had filed the counter-affidavit in the High Court disputing that correctness of h~r status as she had been duly appointed by the Management. The Division Bench of the High Court by order dated August 9, 1983 dismissed the Writ Petition with the observation as under :

p. 565, margin B

"In view of the averments made in paragraph No.5 and 6 of counter affidavit filed on behalf of the Regional Inspectorcss of Girls

p. 565, margin G

Schools, we find no merit in the writ petition." It would, thus, be seen that the contention of the first respondent A that she was duly appointed by the Management was not accepted by the High Court. Consequently, the claim for payment of the arrears of salary was rejected. In view of the above decision and in view of the records placed before us, obviously, the courts below have misread the documen-

pp. 565–566, margin G

tary evidence and did not consider the effect of the Division Bench judgment of the High Court. The single Judge of the High Court did not advert to the effect of the judgment at all on the ground that it was a finding of fact and came to the conclusion that the first respondent was duly appointed to the post of teacher.

p. 566

The appeal is accordingly allowed. The decree of the courts below as well as High Court judgment stand set aside. The suit stands dismissed.

p. 566, margin B

No costs. G.N. Appeal aUowed.

p. 566, margin C

.~·

p. 566, margin C