Court No. - 39
Case :- WRIT - A No. - 13492 of 2019 Petitioner :- C/M Chingud Ram Purva Madhyamik Vidhyalay And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anil Kumar Yadav Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for respondent Nos. 1 and 2 and Mohd. Shere Ali, learned counsel for respondent No. 3.
Learned counsel for the petitioners submitted that there is an educational institution in the name of Chingud Ram Purya Madhyamik Vidhyalaya, Kolhui, Maharajganj (hereinafter referred to as the 'Institution') duly recognized by U.P. Basic Education Board. The said Institution is also receiving grant-in-aid from the State, therefore, U.P. Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978 is applicable for payment of salary. In the said Institution, apart from other posts, one post of Headmaster was also sanctioned on 25.2.1987 which is vacant due to superannuation of earlier Headmaster working on the said post on 31.3.2019. Management of the Institution has passed resolution dated 28.4.2019 to obtain permission to fill up the said post and for that purpose, letter dated 25.5.2019 and 15.7.2019 were sent to respondent No. 2, but neither permission was granted nor rejected. Petitioner also sent reminder dated 06.06.2019, but again the same has not been decided. Lastly, it is submitted that a suitable direction may be issued to respondent No. 2 to decide the same and grant permission.
Mohd. Shere Ali, learned counsel for respondent No. 3 submitted that application of the petitioner shall be considered and decided in accordance with law.
Considering the facts and circumstances of the case, this writ petition is disposed of with direction to the respondent no. 3 to decide the application of the petitioner and take decision strictly in accordance with law within three weeks from the date of production of certified copy of this order.
It is made clear that this Court has not adjudicated the case on merit. It is upon the respondent no. 3 to pass order after considering the relevant documents as well as rule occupying the field.
Order Date :- 26.8.2019 Rmk.