Court No. - 19
Case :- WRIT - C No. - 22376 of 2018 Petitioner :- C/M Maurya Moti Lal Balika Shiksha Samit And Another Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Manoj Kumar Patel Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the petitioners and learned Standing Counsel for respondent nos. 1 and 2.
The petitioners have filed the instant writ petition seeking mandamus commanding the State respondents to take the petitioners' institution on grant in aid list so that salary of the teaching and non teaching staff is paid from the State Exchequer.
In the Supplementary affidavit filed today it is stated that classes from standard 5 to 8 (Junior High School) are already receiving grant in aid since the year 2003. It is contended that the State respondents cannot discriminate the employees of the primary section in matter relating to disbursement of grant in aid, as primary Section is also part of the same institution. In support of his contention, learned counsel for the petitioners has placed reliance upon the judgment of the Supreme Court in the case of (State of U.P. and Others vs. Pawan Kumar Divedi and Others), 2014 (9) SCC 692.
Learned Standing Counsel very clearly states that the claim of the petitioners shall be examined by respondent no. 1.
Having regard to the aforesaid facts and circumstances, the writ petition is disposed of with liberty to the petitioners to approach respondent no. 1 with a certified copy of this order along with fresh representation. In that event, the same shall be decided by respondent no. 1 by means of speaking order expeditiously, preferably within a period of next three months.
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(Manoj Kumar Gupta, J.) Order Date :- 31.7.2018 sailesh