Court Denies Salary Claims for Illegal Appointments in Varanasi School
In a significant ruling, the Allahabad High Court, presided by Justice Manju Rani Chauhan, dismissed a writ petition filed by Luxmi Shankar Tiwari and another, challenging the legality of their appointments as Clerk and Peon at Shiv Durgeshwar Mahabir Poorva Madhyamik Vidyalaya in Varanasi. The petitioners had sought to quash an order from the Director of Education (Basic), Uttar Pradesh, which denied their salary claims from the state exchequer.
The court found that the petitioners were appointed below the age of 18, rendering their appointments illegal, void ab initio, and non-existent in the eyes of law. According to the Uttar Pradesh Recognized Basic Schools (Junior High School) Rules, 1984, the mandatory procedural requirements for recruitment were not followed, including the advertisement of vacancies and approval by competent authorities.
Justice Chauhan emphasized that appointments made in contravention of statutory rules cannot give rise to any legal or equitable right, including salary claims. The court noted discrepancies in the petitioners' claims regarding their appointment dates and ages, which suggested manipulation of records.
The judgment highlighted that the petitioners approached the court with inconsistent stands and suppressed material facts, thus disqualifying them from seeking equitable relief under Article 226 of the Constitution.
The court reiterated the principle that no right or claim for salary can be sustained against the state exchequer unless the appointment is lawful and duly approved. In light of these findings, the writ petition was dismissed, denying the petitioners any relief.
Bottom line:-
Appointments made in contravention of statutory rules are void ab initio, unenforceable, and cannot give rise to any legal or equitable right, including salary claims from the State exchequer.
Statutory provision(s):
- Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Rules, 1984
- Article 226 of the Constitution of India
The judgment underscores the strict adherence required to statutory rules in public appointments and the ramifications of non-compliance, ensuring transparency and legality in recruitment processes.
Luxmi Shankar Tiwari v. State of U.P., (Allahabad) : Law Finder Doc id # 2890278
