Learned standing counsel has accepted notice on behalf of respondent Nos. 1, 2 and 3. Sri G.K. Advocate, has entered appearance on behalf of respondent No.4.
Each one of the respondents is granted six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of the petitioner that Satyadeo Tripathi has not been functioning in the institution and he had abandoned the service 10 years back. In the past two set of writ petitions had been filed; one by Satyadeo Tripathi, being writ petition No.58631 of 2007, and the other by the Committee of Management of the institution, being writ petition No.56353 of 2007. Both the writ petitions had arisen out of order dated 04.10.2007 passed by Additional Director of Education (Secondary) U.P. Allahabad. Both the writ petitions were dismissed, holding that automatic ipso facto abandonment of service cannot be accepted. The Managing committee of the institution preferred Special Appeal No.1567 of 2007. Said Special Appeal was entertained, but the application for interim relief was rejected. Against the order rejecting application for interim relief in Special Appeal No.1567 of 2009, the Managing Committee of the institution approached the Hon'ble Apex Court through Special Leave to Appeal (Civil) No.29706 of 2009, wherein Hon'ble Apex Court proceeded to stay the operation of order dated 28.07.2009 passed by learned Single Judge in writ petition No.58631 of 2007 as also the impugned order passed in Special Appeal No.1567 of 2007. Said Special Leave to Appeal is still pending consideration before Hon'ble Apex Court and Special Appeal No.1567 of 2007 is also pending before this Court.
In between the authority concerned has proceeded to pass order for ensuring salary to Satyadeo Tripathi as well, along with other teachers of the institution. Such order in favour of Satyadeo Tripathi cannot be subscribed, for the simple reason that the very question as to whether Mr. Satyadeo Tripathi has abaondoned the service or not is yet to be decided. Consequently, till the next date of listing, in pursuance of the impugned order, no salary shall be ensured to Satyadeo Tripathi.
Order Date :- 8.9.2010 SRY