Court No. - 36
Case :- WRIT - A No. - 10398 of 2021 Petitioner :- C/M, Hindu Inter College And Another Respondent :- State Of U.P.And 5 Others Counsel for Petitioner :- Parmatma Nand Ojha,Abhishek Shekhar Ojha,Anurag Kumar Ojha Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Learned counsel for the petitioner has filed affidavit of service, which is taken on record. According to that respondent no.5 is not available whereas it has been received by the respondent no.
6 and further submitted that now Mr. Vikas Upadhyay, Advocate is appearing on behalf of the respondent no.5, therefore, service may be treated complete.
Mr. Vikas Upadhyay, Advocate has filed Vakalatnama on behalf of respondent no. 5, which is taken on record.
Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Sri Vikas Upadhyay, learned counsel for the respondent no.5.
By way of present petition, petitioner is challenging the impugned the order dated 30.7.2021 passed by respondent no.3, District Inspector of Schools, Shamli.
Mr. Vikas Upadhyay, learned counsel for the respondent no.5 has raised objection and submitted that present petition is not maintainable in light of order of this Court passed in Writ-A No. 18648 of 2021 vide order dated 11.8.2021. He next submitted that respondent nos. 5 & 6 were suspended by the Committee of Management vide order dated 23.1.2021, but suspension order was disapproved by the D.I.O.S. i.e. respondent no. 3 in present petition. The said order was challenged before this Court by filing Writ-A No. 2774 of 2021, which was quashed vide order dated 18.3.2021 with direction to District Inspector of Schools to pass fresh order making it clear that quashing of the order impugned would not revive the order of suspension as more than 60 days have been expired.
After order of this Court, instead of passing fresh order, D.I.O.S. has passed the order for payment of salary of respondent nos. 5 & 6 vide orders dated 30.3.2021 & 1.6.2021. He further submitted that both the orders have been challenged before this Court by filing Writ-C No. 18648 of 2021 and this Court after hearing the parties, disposed of the writ petition with the consent of the parties. In the said writ petition, petitioner before this Court, who was also petitioner in that petition undertakes the release of payment of salary, if any, due to the fifth respondent, who is also fifth respondent in the present petition. Court has also observed that fifth respondent shall not resume the work of Principal pursuant to order dated 30.7.2021 passed by respondent no.3, D.I.O.S. until the order dated 18 March, 2021, passed by this Court in Writ-A No. 2774 of 2021, is complied. Further order dated 30.7.2021, which is under challenge in this writ petition, shall abide by the final order to be passed by the respondent no.3, D.I.O.S.
Relevant portion of the said judgment is being quoted hereinbelow:-
"Petitioner undertakes to release the salary, if any, due to the fifth respondent including arrears thereof.
In view thereof, on consent of the parties, writ petition is disposed of directing the petitioner to ensure payment of salary, if any, due to the fifth respondent, including, arrears of salary, however, the fifth respondent shall not resume work of Principal pursuant to order dated 30 July 2021 passed by the third respondent until the order 18 March 2021, passed by this Court in Writ-A No. 2774 of 2021, is complied. The order dated 30 July 2021, passed by the third respondent, District Inspector of Schools, Shamli, District Shamli, shall abide by the final order to be passed by the third respondent."
He further submitted that this order has been passed with the consent of the parties, therefore, once the Court has observed that order impugned in this writ petition shall abide by fresh order passed by D.I.O.S. in compliance of order dated 18.3.2021 in Writ-A No. 2774 of 2021, this petition is not maintainable.
Learned counsel for the petitioner has vehemently opposed the submission of learned counsel for the respondent no.5, but could not dispute this fact that order challenged in this writ petition i.e. 30.7.2021 is the same order which is referred in order of this Court dated 11.8.2021 in Writ-C No. 18648 of 2021.
I have considered the rival submissions made by the learned counsel for the parties. The facts of the case are undisputed. This Court in Writ-C No. 18648 of 2021 with the consent of parties, clearly held that order impugned dated 30.7.2021 shall abide by fresh order passed by the D.I.O.S.-respondent no. 2 and the very same order is under challenge before this Court, therefore, petition is not maintainable and deserves to be dismissed.
Accordingly, the writ petition is dismissed. However, it is open for the petitioner to pursue his remedy before appropriate forum, if so advised.
Order Date :- 20.9.2021 Junaid