Court No. - 3
Case :- WRIT - A No. - 17707 of 2019 Petitioner :- C/M Shree Maharaja Agrasen Kanya Vidyalaya, Firozabad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Rajesh Tripathi,Ashok Kumar Upadhyay Counsel for Respondent :- C.S.C.,Bhupendra Kumar Yadav
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-Respondents.
The petitioner Brajeshwar Prasad Bansal, the Manager of Committee of Management Shree Maharaja Agrasen Kanya Vidyalaya, Durga Nagar, Firozabad, has come up in the writ petition mainly praying for following relief:
"(i) issue a writ, order or direction in the nature of mandamus directing the respondents to pay salary to the duly appointed Assistant Teachers of primary section of Shri Maharaja Agrasen Kanya Vidyalaya, Durga Nagar, Firozabad from 30.10.2017 when the State Government has granted approval to take the primary section in the grant-in-aid list within a reasonable time along with the interest till its payment."
It appears that vide order dated 30th October, 2017, passed by the Special Secretary, Government of U.P., Lucknow, the primary section of the institution has been taken on grant-in-aid. Pursuant to the aforesaid order dated 30th October, 2017, the Joint Director of Education (Mahila) issued a letter dated 15.12.2017 to the Assistant Regional Director of Education Basic, Agra directing for payment of salary to the teachers of Primary Institution.
The grievance of the petitioner is that despite the Institution has been taken on grant-in-aid by the orders of the Special Secretary, Government of U.P., Lucknow dated 30th October, 2017, and pursuant to which an order dated 15.11.2017 has been issued by the Director of Education to the Regional Assistant Director of Education (Basic), Agra, Respondent No.3 has not taken any action and till date the salary of the teachers of the institution has not been paid.
Be that as it may, considering the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to file a detailed fresh representation before respondent no.3 raising all his grievances within a period of two weeks from today. In case any such representation is filed by the petitioner, respondent no.3 shall consider and decide the same strictly in the light of order dated 30th October, 2017 (Annexure-11 to the writ petition) and order dated 15.12.2017 (Annexure-12 to the writ petition) within a period of three month thereafter.
Order Date :- 26.11.2019 Manish Tripathi