Court No. - 58
Case :- WRIT - A No. - 13290 of 2018 Petitioner :- C/M Nageshwar Prasad Purva Madhyamik Vidyalaya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Ashwani Kumar Mishra,J.
Committee of management of the institution concerned has challenged an order passed by the Assistant Director of Education dated 12.4.2018, which directs the District Basic Education Officer, Deoria to release salary to respondent no. 5 from 1998 onwards after verifying his signatures on the attendance register. The order is challenged on the ground that respondent no. 5 was selected on the post of Headmaster and was also granted approval on 7.7.1997. It appears that the respondent no. 5 was not allowed to join and, therefore, he has approached this Court by a filing writ petition, which is pending.
Petitioner's grievance is that respondent no.5 cannot simultaneously press for salary on the post of Assistant Teacher and also on the post of Headmaster.
Sri R.C. Dwivedi, learned counsel appearing for respondent no. 5 states that although respondent no. 5 was selected but he was not allowed to join and his appointment was also subsequently cancelled on the post of Headmaster. He states that the private respondent is willing to abandon his claim for appointment to the post of Headmaster particularly as he has otherwise retired. It is stated that respondent no. 5 since has worked in the institution as Assistant Teacher, he is entitled to payment of salary and the objection of petitioner committee is lacking in bonafide.
I have heard learned counsel for the parties and have perused the materials available on record.
In the facts and circumstances of this case, this petition stands disposed of on following terms:-
(i) Petitioner shall move an application for withdrawing all writ petitions filed by him before this Court in respect of his claim for payment of salary to the post of Headmaster.
(ii) After filing such application, respondent no. 5 shall move an affidavit before the respondent no.3, giving his undertaking not to press any claim for appointment or salary to the post of Headmaster.
(iii) Once such an affidavit is filed before the Assistant Director concerned, it shall be open for him to pass fresh order in respect of release of arrears of salary to respondent no.5 within a period of two months. In case the petitioner committee has already certified the working of respondent no. 5 in the past, it shall not be open for the committee to raise a fresh objection, in this regard now.
(iv) Based upon the order to be passed, as indicated above, the requisite amount due and payable to respondent no.5 shall be released within a further period of six weeks.
Till a fresh order is passed in the manner,as indicated above, by the Assistant Director of Education (Basic), the petitioner committee shall not be compelled to process the petitioner's claim in terms of the order impugned. The retiral benefits due and admissible to respondent no.5 shall also be processed accordingly, within the same period.
Order Date :- 30.5.2018 n.u.