Supreme Court Upholds Regularization of L.T. Grade Teacher in Uttar Pradesh

In a crucial ruling, the Supreme Court of India in C/M Kisan Inter College Manager v. The State of Uttar Pradesh & Ors. upheld the regularization of an L.T. Grade Teacher in an aided college. The case centered around the claim of Shri Ram Mani Pandey for regularization of his services as an L.T. Grade Assistant Teacher, which had been challenged by the college management.

Background of the Case

The appellant, C/M Kisan Inter College Manager, challenged the regularization of respondent no.5, Shri Ram Mani Pandey, as an L.T. Grade Assistant Teacher in the institution. The post became vacant due to the promotion of Shri Hari Prasad Pathak from an L.T. Grade Assistant Teacher to a Lecturer (Civics). Shri Pandey was appointed on 31.12.1984 to fill this vacancy.

However, his appointment was not approved by the education authorities as the procedure prescribed under the U.P. Secondary Education Services Selection Board Act, 1982, and its rules were not followed. Consequently, his salary payments were stopped in July 1985, leading him to file a writ petition seeking the continuance of his service and payment of salary.

Arguments by the Petitioner (College Management)

The college management raised the following arguments:

• Shri Pandey’s appointment did not follow the prescribed procedure under the U.P. Secondary Education Services Selection Board Act, 1982.
• The post of Lecturer (Civics) to which Shri Hari Prasad Pathak was promoted was later found irregular, necessitating his reversion.
• Since Shri Pathak was reinstated in his original position as an L.T. Grade Teacher, Shri Pandey’s claim for regularization was not valid.
• The High Court erred in directing the regularization of Shri Pandey.

Arguments by the Respondent (Shri Ram Mani Pandey)

Shri Pandey, represented through counsel, contended:

• He had been continuously working since 1985 and was eligible for regularization under the U.P. Secondary Education Services Commission Act.
• Even though his initial appointment lacked approval, he had effectively served as an L.T. Grade Teacher for more than 10 years, making him eligible for regularization.
• The inquiry conducted by the District Inspector of Schools (DIOS) confirmed that he had continuously worked in the post and was entitled to regularization.
• The management’s attempt to terminate his services was legally unsustainable.

Supreme Court’s Observations

The bench comprising Justices L. Nageswara Rao and Hemant Gupta reviewed the evidence and ruled in favor of Shri Pandey. The key observations were:

• The DIOS’s inquiry conclusively proved that Shri Pandey had served continuously since 1985.
• There was no evidence to suggest that he had abandoned his duties at any point.
• The High Court’s order directing regularization was based on the correct interpretation of the U.P. Secondary Education Services Commission Act.
• The management’s actions in terminating Shri Pandey’s services were unjustified.

The Court stated:

“The order of regularization of the service of respondent no.5 was wrongly set aside by the learned single judge without taking into account the impact of the order dated 31.03.2010.”

Final Judgment

The Supreme Court issued the following rulings:

• The appeal filed by the college management was dismissed.
• Shri Pandey’s regularization as an L.T. Grade Teacher was upheld.
• The management was directed to reinstate and release all salary arrears to Shri Pandey.
• Since Shri Pandey had retired in March 2019, he was entitled to receive all retirement benefits.

Implications of the Judgment

This ruling has significant implications for education institutions and government-aided school teachers:

• Clarification on Regularization: Teachers who have served for extended periods without formal appointment approval may still be eligible for regularization.
• Schools Must Follow Due Process: The judgment reinforces that management bodies must follow proper hiring protocols and cannot arbitrarily deny salaries to teachers.
• Protection for Teachers: The decision ensures that long-serving teachers are protected from wrongful termination and arbitrary administrative decisions.
• Accountability of DIOS: The District Inspector of Schools plays a crucial role in verifying employment records and ensuring fair treatment of teachers.

Conclusion

The Supreme Court’s ruling in C/M Kisan Inter College Manager v. The State of Uttar Pradesh serves as a landmark judgment reinforcing the protection of teachers’ rights in aided institutions. It ensures that individuals who have dedicated years to teaching are not unfairly denied their due benefits and regularization. This judgment sets a strong precedent for similar disputes involving teacher appointments and service continuity.

Petitioner Name: C/M Kisan Inter College Manager.
Respondent Name: The State of Uttar Pradesh & Ors..
Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.
Place Of Incident: Uttar Pradesh.
Judgment Date: 04-10-2019.

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