Court No. - 58
Case :- WRIT - A No. - 24988 of 2018 Petitioner :- C/M Of T.P. Inter College Pratapgarh, And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- R.P.S. Chauhan Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
This petition has been filed with the grievance that though the petitioner committee has proposed vide resolution dated 2.10.2018 to remove respondent no. 3 from service but prior approval has not been granted to it under Section 21 of the U.P. Secondary Education Services Selection Board Act,1982. A prayer, therefore, has been made to direct the Board to take an appropriate decision.
Prayer made in the writ petition appears to be innocuous but a deeper examination of the records persuades the Court not to accept it. It appears that respondent no. 3 was initially placed under suspension by the petitioner committee of management but the resolution of suspension was not approved within a period of 60 days and, therefore, the same ceased to have any effect by virtue of Section 16(G)(7) of the U.P. Intermediate Eduction Act, 1921. Salary, however, to respondent no. 3 was not resumed and, therefore, he approached the Lucknow Bench of this Court by filing Writ Petition S/S No. 16199 of 2018, wherein following orders have been passed on 30.5.2018:-
"Heard Sri Saurabh Lavania, learned counsel for the petitioner.
Notices for respondents no. 1 to 5 have been accepted by the office of learned Chief Standing Counsel.
Issue notice to respondent no. 6 returnable at an early date. Steps within a week.
Learned counsel for the petitioner has filed a supplementary affidavit, the same is taken on record.
The grievance of the petitioner is that despite the suspension order of the petitioner being not approved by the District Inspector of Schools and his suspension order has lost its efficacy, the petitioner has not been paid his salary and other benefits strictly in accordance with law w.e.f. 16.11.2017.
Learned counsel for the petitioner has filed a letter dated 2.4.2018 along with supplementary affidavit as Annexure S.A. 1 preferred by the D.I.O.S., Pratapgarh to the institution in question indicating the relevant provisions of law submitting therein that the petitioner is entitled for full salary w.e.f.
16.11.2017. As per learned counsel for the petitioner despite the aforesaid facts and circumstances of the issue, the opposite party no. 6 has not paid salary to the petitioner.
Learned counsel for the respondents pray for and are granted three weeks time to file counter affidavit. If counter affidavit is filed, rejoinder affidavit will be filed in ten days thereafter.
List in the week commencing 9.7.2018 as fresh.
Till the next date of listing the respondent no. 6 is directed to permit the petitioner to serve in the institution on the basis of Assistant Teacher (Music) and he shall be paid his salary as and when the same falls due. The factum of arrears of salary w.e.f. 16.11.2017 shall be considered and decided after filing the counter affidavit".
Court is informed that the order dated 30.5.2018 has been challenged in a Defective Special Appeal which is pending. Learned counsel for the petitioner does not dispute the fact that the order dated 30.05.2018 has not been complied with so far.
The petitioner institution is situated at Kunda, District Pratapgarh. It has not yet complied with the order dated 30.5.2018. A contempt petition has been filed in which notices have been issued to the petitioner. It is, at this stage, that the present petition has been filed.
Sri A.K. Yadav, learned counsel appearing for the Respondent Board raises an objection with regard to maintainability of writ petition on the ground that the petitioner institution situates in District Pratapgarh, and that various other disputes are already pending before the Lucknow Bench. It is also urged that the present writ petition has been filed only with the object of securing a defence for not complying with the order dated 30.05.2018.
In the facts and circumstances of the present case, this Court finds that the order passed by the Lucknow Bench of this Court on 30.5.2018 has not been complied with and contempt petition is pending. The filing of the present writ petition appears more to be an attempt on part of the petitioner to create a defence for avoiding compliance of the order passed in Writ Petition S/S No. 16199 of 2018. The bonofide of this petition in suspect.
Considering the facts and circumstances, noticed above, I am not inclined to interfere in the writ petition or issue any direction, at this stage. It is always open for the petitioner to move an separate application in pending Writ Petition S/S No. 16199 of 2018 or to file a fresh petition which could then be considered alongwith pending writ at Lucknow.
Subject to the aforesaid observations, this writ petition is consigned to records.
Order Date :- 27.11.2018 n.u.