Nov - High Court of Judicature at Allahabad

3 All] Rishikesh Lal Srivastava V.State of U.P. and others 1047
preferred Civil Misc. Writ Petition No.
21965 of 2003 (The Principal, Seth Ganga
Ram Jaisawal Inter College, Baraut,
Allahabad vs. The District Inspector of
Schools, Allahabad and others).
5. It is not in dispute that both the
Colleges are duly recognized by the U.P.
Intermediate Education Act 1921 (U.P.
Act 2 of 1921) [hereinafter referred to as
the ''Act'] and the Regulations framed
thereunder. It is also an admitted position
that both the Colleges receive grant-in-aid
from the State Government and
disbursement of salary of the employees
is governed by the U.P. High School and
Intermediate Colleges (Payment of
Salaries of Teachers and other
Employees) Act, 1971 (U.P. Act No. 24
of 1971).
6. We have heard Sri Harish
Chandra Singh, learned counsel for the
petitioner in writ petition no.19101 of
1999, Sri R.C. Dwivedi, learned counsel
for respondent Nos. 3 and 4 and Sri N.K.
Pandey, learned counsel for respondent
no.5. We have also heard Sri R.K. Ojha,
learned counsel for the Principal of the
College - petitioner in writ petition
no.21965 of 2003 and Sri R.C. Singh,
learned counsel on behalf of the
respondent no.4 - employee therein and
Sri M.C. Chaturvedi, learned Chief
Standing Counsel on behalf of the State in
both the petitions.
7. Before we enter into merit of the
case, it is apt to go into the legislative
history. The legislature enacted the U.P.
Intermediate Education Act, 1921 (U.P.
Act No 2 of 1921) for regulating and
supervising the system of the High School
and Intermediate Education.
8. Sections 16-A to 16-I were
inserted in the Act by Section 7 of
Intermediate Education (Amendment)
Act, 1958 (U.P. Act No. 35 of 1958).
Section 16-G of the Act as inserted by the
U.P. Act No. 35 of 1958 reads as
follows:-
"16-G. Conditions of service of
teachers -(1) Every person employed in a
recognized institution shall be governed
by such conditions of service as may be
prescribed by Regulations and any
agreement between the management and
such employee insofar as it is inconsistent
with the provisions of this Act or with the
Regulations shall be void.
(2) Without prejudice to the generality
of the powers conferred by subsection
(1), the Regulations may
provide for--
(a) the period of probation, the
conditions of confirmation and the
procedure and conditions for
promotion and punishment, including
suspension pending inquiry and the
emoluments for the period of
suspension and termination of
service with notice;
(b) the scales of pay, and payment of
salaries ;
(c) transfer of service from one
recognized institution to another ;
(d) grant of leave and Provident Fund
and other benefits ; and
(e) maintenance of record of work and
service.
(3)(a). No Principal, Headmaster or
teacher may be discharged or
removed or dismissed from service
or reduced in rank or subjected to
any diminution in emoluments, or