R.B. Misra, J.
1. Heard Sri Rajendra Kumar, learned counsel for the petitioner and learned standing counsel for the State.
2. The petitioner has prayed that the entire salary of the petitioner be paid to him from 1.4.1991 by the respondents, i.e.. District Inspector of Schools. (D.I.O.S.) II, Kanpur Nagar (respondent No. 1), Assistant Director of Education II. Kanpur Mandal. Kanpur (respondent No. 2) and Managing Committee, Madan Mohan Agarwal Ballka Higher Secondary School. Kidwai Nagar, Kanpur (respondent No. 3).
3. The original prayer was allowed to be amended. The 'school' in question was established in the year 1964 as a Junior High School and was given recognition. In 1988, 15 posts were sanctioned in the school, shown in the letter of Regional Girls Inspectress, IV Region, Allahabad (Annexure-1 to the writ petition) namely one post of Principal, two posts of L.T. grade teachers, five posts of C.T. grade teachers, one post of Class III (Clerk) and five posts of Class IV. The petitioner was appointed in L.T. grade on 1.8.1984. When the selection was made, the quality marks were given to the candidates who participated in the selection process. The evidence of getting the quality marks has been provided by the petitioner (Annexure-S.A.-1 to the writ petition) by way of supplementary affidavit. The petitioner was given salary up to March. 1991. Subsequently, the above institution was brought in grant-in-aid category. Thereafter the liability of payment of teachers in L.T. grade has come on D.I.O.S. A certificate (Annexure-3 to the writ petition) has also been issued by the Principal of the above Institution that the petitioner had been working in L.T. grade from 1.4.1984. Annexure-4 annexed to the writ petition reveals that the petitioner was deployed in High School and Intermediate Examination process. When the petitioner was not paid salary as teacher to the L.T. grade, she filed representations dated 21.7.1992. 20.3.1996 and 8.3.1996 enclosed as (Annexures-5, 6 and 7 to the writ petition) before the respondents and in utter violation of Payment of Salaries Act, 1971 and the District Inspector of Schools/Regional Inspectress of Girls Schools who are responsible had not taken any heed to these representations. When the writ petition was listed before this Court on 8.7.1997. this Court had been pleased to issue notice and grant four weeks time to file counter-affidavit, two weeks for rejoinder-affidavit. A specific direction was also made that the petitioner shall take steps to serve respondent No. 3 personally in addition to normal mode of service and file affidavit of service. Thereafter the case was listed on 28.7.1997. 2.12.1999, 10.4.2000. 30.8.2001 and 18.12.2001. When this Court passed order dated 18.12.2001 which reads as below :
'Although on 30th August. 2001 stop order has been passed by which learned standing counsel was allowed four weeks and no more to file counter-affidavit in the main writ petition as well as supplementary-affidavit but no counter has come so far. As the writ petition is to be finally disposed of. In the interest of Justice the hearing of the writ petition is being deferred for the next date.
List this writ petition again on 10.1.2002. Learned standing counsel may file counter-affidavit by the next date as directed by the Court on 30th August, 2001.'
4. Despite the above orders no counter-affidavit or response has been filed. Today, also there is no instruction furnished by the respondent Nos. 1 and 2 to the concerned standing counsel. It appears that the respondents have also not made contact to the learned standing counsel to give assurance for giving reply. In this circumstance, this Court is not inclined to defer the writ petition any more and the writ petition is to be decided on available records.
5. Learned counsel for the petitioner has brought to the notice of this Court the contents of Section 33A (1) of the U. P. Educational Manual which reads as below :
'33A. Regulation of certain appointment.--(1) Every teacher directly appointed before the commencement of the Uttar Pradesh Secondary Education Services Commission and Selection Board (Amendment) Ordinance, 1985, on ad hoc basis against a substantive vacancy in accordance with paragraph 2 of the U. P. Secondary Education Services Commission (Removal of Difficulties) Order. 1981, as amended from time to time, who possesses the qualifications prescribed under, or is exempted from such qualifications in accordance with the provisions of the Intermediate Education Act, 1921, shall, with effect from the date of such commencement be deemed to have been appointed in a substantive capacity provided such teacher has been continuously serving the institution from the date of such appointment up to the date of such appointment.'
6. It has been submitted on behalf of the petitioner that she was duly appointed in L.T. grade and she was being paid salary from the date of initial appointment after the institution have been brought in grant-in-aid and the responsibility of making payment of salary to the petitioner had fallen over the D.I.O.S. as well as on the State Government. This aspect Is not being denied by learned counsel for the respondents, therefore, the averments and pleadings of the petitioner are treated to be true and correct being uncontroverted.
7. The counter-affidavit and supplementary-affidavit which has been filed on behalf of the management also say that after April, 1991, the liability to pay the salary to the teachers in L.T. grade is over the D.I.O.S. under the Payment of Salaries Act.
8. In view of the above discussions I find force in the submissions of the petitioner, the writ petition is liable to be allowed and the petitioner may be paid salary from April, 1999 in the grade of L.T. with all consequential increments and benefits to be provided to her as indicated by the petitioner in the writ petition as she is serving and teaching In the school. Because of the inaction and carelessness on the part of the concerned D.I.O.S.. the impediment have been felt by this Court in expeditious adjudication of petition. Such conduct of the D.I.O.S. is reprimanded. The writ petition is allowed with consequential benefits and with exemplary cost of Rs. 5,000 (Rupees five thousand) to be realised from the personal pocket of D.I.O.S. of concerned district and the same shall be deposited with Secretary, High Court Legal Services Committee, Allahabad, within four weeks from receipt of certified copy of this order. This order shall be communicated to the Director of Education, U. P.. Lucknow and to the Secretary (Intermediate) Education State of U. P.. Lucknow, for Information and ' necessary action.