Court No. - 3 Case :- WRIT - A No. - 15407 of 2019 Petitioner :- Smt. Arati Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- S B Singh,R.K. Ojha (Sr. Advocate) Counsel for Respondent :- C.S.C.,Daya Shankar Singh,Mrigraj Singh & Case :- WRIT - A No. - 15709 of 2019 Petitioner :- Smt. Madhuri Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Daya Shankar Singh,Shailendra, Sr. Advocate Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Saral Srivastava,J.
Order on Order Sheet
Learned counsel for the petitioner is permitted to make correction in the array of parties during the course of the day.
Order on Writ Petition.
Heard learned counsel for the parties.
These two writ petitions have been decided by a common judgment inasmuch as the order impugned in both the writ petitions is same.
For convenience, the facts are being delineated from Writ A- No.15407 of 2019.
There is an institution known as 'Ram Naresh Singh Balika Junior High School, Saraitriloki, District- Jaunpur'. The institution was self-financed. The petitioner and respondent No.6 (Smt Madhuri Singh), were appointed as Assistant Teacher in the same selection proceeding in the year 2002. The appointment of the petitioner as well as respondent No.6 was approved by Respondent No. 3- Basic Education Officer, Jaunpur, by order dated 21.12.2002.
The aforesaid institution came on grant-in-aid in the year 2006, and the salary of the petitioner was paid from the State exchequer. However, the respondent no.6 was not paid salary despite the fact that she continued to discharge her duty as Assistant Teacher. Therefore, she preferred Writ Petition No. 25958 of 2016 (Madhuri Singh Vs. State of U.P. and Others), which was disposed of by this court by judgment and order dated 03.04.2019. The relevant extract of the judgment and order dated 03.04.2019 is quoted as under:-
"10. In the facts and circumstances, the petitioner is directed to make a fresh representation ventillating all her grievances before the respondent no.2/Additional Director, Basic Education, 5th Region, Varanasi, along-with certified copy of this order within a period of two weeks from today. If such a representation is made, the respondent no.2/Additional Director, Basic Education, 5th Region, Varanasi, is directed to pass appropriate order after hearing the respondent no.4/Manager of the Committee of Management, Ram Naresh Singh Balika Junior High School, Sarai Triloki, District Jaunpur, expeditiously, preferably within a further period of three months, in accordance with law.
11. With the aforesaid observations, present writ petition is disposed of finally.
12. It is made clear that this Court has not entered into the merits of the case and thus it is for authority concerned to take a decision independently in accordance with law."
Pursuant to order dated 03.04.2019 passed by this Court, respondent No. 2- Assistant Director of Education (Basic), Varanasi Region, District- Varanasi, passed an order dated 09.08.2019 whereby the claim of respondent no.6, Madhuri Singh, for payment of salary has been rejected. By the said order, respondent No. 2 has also stopped the payment of salary of the petitioner.
This Court has called for instructions from the learned Standing Counsel by the order dated 18.11.2019, in Writ Petition No. 15407 of 2019 (Arati Singh Vs. State of U.P and 4 Others). The order of this Court dated 18.11.2019, is quoted as under:-
"Petitioner is permitted to implead Madhuri Singh as respondent no. 6 during the course of the day.
Heard Sri R. K. Ojha, Sr. Advocate assisted by Sri S. B. Singh, learned counsel for the petitioner, Sri D. S. Singh, learned counsel for the respondent nos. 1 and 2 and Sri Mrigraj Singh, learned counsel for the respondent nos. 3 and 4.
Petitioner claims to be appointed as Assistant Teacher in Ram Naresh Balika Junior, High School, Saraitriloki, Badlapur, District-Jaunpur in the year 2002 and approval to her appointment was granted by respondent no. 3-District Basic Education Officer on 21.12.2002. The aforesaid institution came on grant in aid in December, 2006 and the petitioner was paid salary from the State exchequer since then.
According to the petitioner, a dispute has been raised by the newly added respondent no. 6-Madhuri Singh contending that she has wrongly been denied salary and she filed a Writ-A No. 25958 of 2016 in which this Court directed the competent authority to consider the grievance of the petitioner. Pursuant to order passed by this Court in Writ-A No. 25958 of 2016, the respondent no.2-Assistant Director of Education (Basic) Varanasi Region, Varanasi has decided the representation of newly added respondent no. 6. By the the said order he has also cancelled the appointment of the petitioner. The said order is impugned in the writ petition.
The grievance of the petitioner is that the said order has been passed in violation of principle of natural justice as no notice or opportunity of hearing was given the petitioner before passing the said order. In this regard necessary averments have been made in paragraph nos. 25, 26 and 27 of the writ petition.
Learned Standing Counsel prays for and is allowed a week's time to seek instructions in the matter.
Put up on 26.11.2019 in the additional cause list on which date the Standing Counsel shall inform the Court as to whether the petitioner was given any notice or afforded opportunity of hearing by the respondent no. 2 Assistant Director of Education (Basic), Varanasi Region, Varanasi or not."
Pursuant to the order passed by this Court dated 18.11.2019, Sri Shailendra Singh, learned Standing Counsel states that the notice was not issued to Smt. Arati Singh before passing the order impugned. Thus, as it is admitted by learned counsel for respondent No. 5 that no opportunity of hearing is granted to the affected parties before passing the impugned order, therefore, the order impugned being in violation of principles of natural justice cannot be sustained.
The order dated 09.08.2019 passed by respondent no.2 has also been assailed by Smt. Madhuri Singh in Writ A No.15709 of 2019. Challenging the said order of respondent no.2, Sri Shailendra, learned Senior Counsel for the petitioner (Madhuri Singh) submits that finding of respondent no.2 that selection of Smt. Madhuri Singh was illegal inasmuch as selection procedure prescribed in Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as 'Rules, 1978') has not been followed is perverse and against the record inasmuch as according to him, the selection of Smt. Madhuri Singh was done after following the due procedure as provided in Rules, 1978.
This Court has held in Writ A No.15407 of 2019 that the order impugned is in violation of principles of natural justice and is not sustainable, therefore, in the interest of justice, this Court is of the opinion that the order impugned in its entirety be set aside.
Thus, for the reasons given above, the order dated 09.08.2019 passed by respondent no.2 is set aside. Both the writ petitions are allowed with liberty to respondent no.2, Assistant Director of Education (Basic) Varanasi Region, Varanasi, to pass fresh order after giving notice and due opportunity of hearing to all the concerned parties including petitioners in both the writ petitions within a period of two months from the date of production of certified copy of this order.
Order Date:- 26.11.2019 Sattyarth/S.K.