Court No. - 7
Case :- WRIT - C No. - 19161 of 2019 Petitioner :- C/M Pandit Ramakshyawar Mishra Purva Madhyamik Vidyalaya Parishad And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Ashutosh Mani Tripathi,Daya Shanker Mani Tripahti,Mrigraj Singh
Hon'ble Ajay Bhanot,J.
1. The last elections, to the committee of management of the society, took place in the year 2015. The term of the committee of management, is three years, and was set to expire in the year 2018. The petitioner, was elected president in the last elections conducted in the year 2015. One Sanjeev Shukla, was elected as Manager, in the aforesaid elections. The President and the Manager, so elected, in the year 2015, set up completing the election claims, in the year 2018.
2. Sri Prabhakar Awasthi, learned counsel for the petitioners, contends that only the petitioner being the president of the society was competent under the bye- laws to all the elections.
3. The learned counsel then submits, that the salary bills of the teachers, and the employees of the institution, can be signed and forwarded, only by the legitimately elected manager of the society. The legitimacy of the claim of the respondent no.4, as Manager of the Institution, needs to be decided by the respondent No.3-District Basic Education Officer, Jaunpur for the purpose of payment of salary under the Payment of Salary under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978. The petitioner has made an application in this regard. The only prayer is that the application may be decided within a stipulated period of time.
4. Per contra, Sri Daya Shankar Mani Tripathi, learned counsel for the respondent No.4, contends that the respondent No.4, was the manager and was competent to all the elections.
5. Heard learned counsel for the parties.
6. Admittedly, there is a dispute of the continuance of the office bearers of the committee of management of the society. The dispute has been referred to the prescribed authority, under Section 25(1) of the U.P. Societies Registration Act.
7. There are two rivals claims, made by the parties, each asserting to be the validly elected committee of management. The respondent No.3-District Basic Education Officer, Jaunpur, cannot permit the salary to be disbursed, without ascertaining the issue of the legitimately elected committee of management. In the absence of a validly elected committee of management, accounts have to be operated by a single operation. A validly elected committee of management, and a legitimately elected manager, are pre-requisites for the payment of salary of the staff and teachers, of the institution, through the Manager, under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.
8. It is imperative that the respondent No.3-District Basic Education Officer, Jaunpur, applies himself to the aforesaid issue, before permitting the release of salary, through any person, who claims to be manager.
9. The matter is remitted to the respondent No.3-District Basic Education Officer, Jaunpur.
10. A writ of mandamus is issued, commanding the respondent No.3-District Basic Education Officer, Jaunpur to execute the following directions:
I. The respondent No.3-District Basic Education Officer, Jaunpur, shall decide the representation of the petitioner, and return a specific finding, on the legitimacy of the elected manager, for the purposes of disbursal of salary under the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.
II. The respondent No.3-District Basic Education Officer, Jaunpur, shall hear the respondent No.4, before passing any order.
III. In case the respondent No.3-Basic Education Officer, District Jaunpur finds that a single operation of the account would meet the ends of law and justice, he can pass appropriate orders as per law.
IV. However, if the prayer of the petitioner for appointment of an authorized controller requires consideration, the respondent No.3-Basic Education Officer, District Jaunpur, shall refer the matter to the Assistant Director of Education (Basic), Varanasi under Section 6 of the Uttar Pradesh Junior High School (Payment of Salaries of Teachers and other Employees) Act, 1978.
V. The exercise shall be completed, within a period of two months, from the date of, receipt of, a certified copy of this order along with a fresh copy of the representation.
VI. The salary bills through the Manager shall be processed only after the respondent No.3-Basic Education Officer, District Jaunpur, decides the issue of the legitimacy of the Manager.
11. With the aforesaid directions, the writ petition is finally disposed off.
Order Date :- 30.7.2019 Ashish Tripathi