Court No. - 41
Case :- WRIT - C No. - 6846 of 2019 Petitioner :- C/M Manokaran Junior High School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shantanu Pandey,Sri Radha Kant Ojha (Senior Advocate) Counsel for Respondent :- C.S.C.,Prabhakar Awasthi,Santosh Kumar,Suresh Chandra Dwivedi
Hon'ble Neeraj Tiwari,J.
Heard Sri R.K. Ojha, learned senior counsel assisted by Sri Satyendra Chandra Tripathi, learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 to 3 and Sri G.K. Singh, learned senior counsel assisted by Sri Prabhakar Awasthi, learned counsel for respondent no. 4.
Learned senior counsel for the petitioners submits that earlier a show cause notice dated 22.5.2018 was issued under the provisions of Section 6(3) of Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (herein after referred to as "Act, 1978"), which was duly replied by the petitioner, but without considering the same, Deputy Director has appointed Authorized Controller vide order dated 2.7.2018. The said order was challenged by the petitioner before this Court by filing Writ C No. 23678 of 2018, which was allowed vide order dated 17.7.2018 with direction to Deputy Director to pass a fresh order. In compliance of the order dated 17.7.2018, Deputy Director has again appointed Authorized Controller vide order dated 13.8.2018, which was also challenged by the petitioner by filing Writ C No. 29944 of 2018. The Court has dismissed the petition on 4.9.2018 with observation that four of the five charges mentioned in notice dated 22.5.2018 has been removed, but one is still in existence, therefore, no interference is required and further directed to file appeal as provided under Section 7 of the Act, 1978. Against the said order, Special Appeal No. 916 of 2018 was filed, which was disposed of vide order dated 1.10.2018 with direction to Joint Director to pass a fresh order without influenced by any adverse finding given by the Writ Court in its order dated 4.9.2018. It was also observed in order dated 1.10.2018 that now 5th remaining charge in show notice dated 22.5.2018 has been removed.
Pursuant to order of special appeal dated 1.10.2018, Joint Director has again considered the matter and affirmed the earlier order dated 13.8.2018 by which Authorized Controller was appointed. The said order is under challenge before this Court.
While entertaining the petition, this Court vide order dated 11.3.2019 has directed the Basic Education Officer, Shahjahanpur to file an affidavit with regard to status of fixing of arrears and other financial dues as well as release of such dues in favour of Teacher and Class-IV employees. Pursuant to order dated 11.3.2019, Basic Education Officer, Shahjahanpur has filed personal affidavit mentioning therein that amount payable to employees in normal course has been released in their accounts on 31.03.2019 by e-payment. He has annexed the copy of letter dated 31.03.2019 sent by Finance and Accounts Officer, Basic Education, Shahjahanpur giving the detail of payment made to the employees. So far as selection grade, promotional scale and A.C.P. is concerned, there is a mention that the same could not be paid as the proposal of the Authorized Controller or any order has not been received. He has also annexed another letter dated 3.3.2019 sent by Authorized Controller to Basic Education Officer, which is having two parts, one is regarding payment, which has already been made for which there is no dispute and second is with regard to selection grade as well as submission of service book of Jagdamba Prasad Mishra- respondent no. 4, one Smt. Poonam Maurya and three other employees. It is clearly stated in letter dated 30.3.2019 of Authorized Controller has already sent the proposal to Basic Education Officer for payment of selection grade along with service book of above noted employees including respondent no. 4. In the affidavit filed by Basic Education Officer, it is mentioned that proposal of arrears of selection grade, promotional scale and A.C.P. has been received in his office on 2.4.2019 and it shall be given by order of committee of management and the committee meeting takes place twice in a year 1st in January and 2nd in July. Therefore, matter shall be considered by the committee in July and as soon as approved by the committee, it shall be released.
Sri G.K. Singh, learned senior counsel for respondent no. 4 has admitted the payment of other dues, but clearly stated that till date, he has not received selection pay scale as well as service book, therefore, until and unless payment of selection grade, promotional scale and A.C.P. along with service book have not been provided to him, order impugned cannot be revoked.
Sri R.K. Ojha, learned counsel for the petitioners submits that any action taken by the Authorized Controller shall be deemed to be taken by committee of management and once proposal for selection grade, promotional scale and A.C.P. along with service book has already been sent to Basic Education Officer, which has been treated to be sent by committee of management and Basic Education Officer shall proceed to make payment in accordance with law without waiting for any further proposal from committee of management. He further submits that committee of management shall not take any adverse action against the employees except as per provision of law.
Sri G.K. Singh, learned senior counsel has no objection to the statement made by Sri R.K. Ojha, learned senior counsel for the petitioners.
I have considered the submissions made by learned counsel for the parties and perused the record. Now, it is undisputed that as on date, all grounds in show cause notice dated 22.5.2019 have been removed and so far as selection grade, promotional scale and A.C.P. are concerned, that has also been sent to Basic Education Officer for payment, therefore, grounds taken in show cause notice dated 22.5.2018 have now been removed and there is no occasion to sustain the order impugned dated 2.1.2019.
Therefore, under such facts and circumstances of the case, order dated 2.1.2019 passed by Joint Director of Education, Bareilly Mandal, Bareilly is hereby quashed. The petition is allowed.
No order as to costs.
Order Date :- 30.4.2019 Arvind