The Allahabad High Court has set aside orders denying salary to a woman appointed on compassionate grounds to a Class-IV post in a recognised junior high school, holding that the authorities could not indirectly question an appointment whose approval had never been withdrawn.
Justice Manju Rani Chauhan allowed the writ petition filed by Smt. Dharmwati Devi and quashed the orders dated February 23, 2021 and March 8, 2021.
Background Of The Case
Dharmwati Devi's husband was serving as an Assistant Teacher at Kisan Vaidik Junior High School, Latifpur, Gautam Buddh Nagar, when he died in service. She was subsequently appointed to a Class-IV post on compassionate grounds.
The District Basic Education Officer, Gautam Buddh Nagar, approved her appointment through an order dated September 6, 2006. However, an objection was later raised regarding the procedure followed for her appointment. Her salary was withheld, and an earlier round of litigation eventually led a Division Bench to direct the competent authority to reconsider the matter after examining the complete record.
The authority again rejected her claim, mainly stating that the appointment had not followed the applicable statutory procedure and that there was no sanctioned Class-IV post available after the institution came under the grant-in-aid system.Court's Observation
The High Court found the basic reasoning of the authorities legally unsustainable. It noted that the approval granted by the District Basic Education Officer had never been withdrawn, recalled or annulled by a competent authority.
The bench observed that “so long as the approval subsists,” the authorities could not question its effect indirectly while refusing the salary arising from that appointment.
The Court also relied on the earlier Division Bench decision, which had found no material showing that a vacant Class-IV post was unavailable or that the approval granted to Dharmwati Devi had been cancelled. The authority, therefore, could not reopen issues that had already been considered in the earlier proceedings.
Violation Of Natural Justice
The Court further found fault with the manner in which the fresh decision was taken. Reports and communications relied upon by the authority had been submitted after the matter was heard, but copies were not supplied to Dharmwati Devi and she was not given an opportunity to respond.
Calling this contrary to the principles of natural justice, the Court stressed that administrative decisions must be taken fairly and on the basis of material placed before the affected party.
The Court also held that the petitioner could not be made to suffer for administrative delay or procedural lapses attributable to authorities after the competent authority had already approved her appointment.
Decision
The Allahabad High Court concluded that the authorities had disregarded the earlier judicial directions, failed to follow natural justice and wrongly denied salary despite the subsisting approval of the petitioner's appointment.
Accordingly, Justice Manju Rani Chauhan quashed the orders dated February 23, 2021 and March 8, 2021 and allowed the writ petition.
Case Details
Case Title: Smt. Dharmwati Devi v. State of U.P. and 5 Others
Case Number: Writ-A No. 6103 of 2021
Judge: Justice Manju Rani Chauhan
Decision Date: July 7, 2026
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