Court No. - 37
Case :- WRIT - A No. - 14713 of 2019 Petitioner :- Dr. Ranjeet Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhat Kumar Singh,G.K. Singh (Sr. Advocate) Counsel for Respondent :- C.S.C.,Vinay Kumar Singh
Hon'ble Abhinava Upadhya,J.
Supplementary affidavit filed today is taken on record.
Learned counsel for the petitioner is permitted to implead "Joint Director of Education, Varanasi Region, Varanasi" as respondent no. 5 in the array of parties to the writ petition during the course of the day.
Heard learned counsel for the petitioner; Shri O.P. Singh, learned Senior Advocate assisted by Shri Vinay Kumar Singh appearing for the Committee of Management-respondent no. 4 and learned Standing Counsel for the State-respondents.
The petitioner claims himself to be a regularly selected Principal of an aided intermediate college. There was a dispute between the petitioner and the Committee of Management and many rounds of litigation happened in the past, even contempt proceedings were drawn against the D.I.O.S. and the Manager of the institution, but in appeal the punishment was set aside.
The main grievance of the petitioner is that the Committee of Management is not allowing the petitioner to work or even go to the office of the Principal and yet allegations are being made that the petitioner is not conducting the mid-day meal for the children in a proper way and upon such an allegation, the Committee of Management has stopped the salary of the petitioner by order dated 26.8.2019. Now the D.I.O.S. has also passed an order dated 27.7.2019 that in certain schools mid-day meal is not distributed properly in which the institution of the petitioner is also mentioned and has held that in case mid-day meal distribution is not channelized and done in a proper way, the salary will be stopped, if no improvement is found.
Learned counsel for the petitioner submits that once the petitioner has not been allowed to join the institution how can he be held responsible for managing mid-day meal. The petitioner has already made a representation to the D.I.O.S. but no action has been taken and the petitioner is still not allowed to join and function in the institution.
As such, it would be appropriate to direct the petitioner as well as Committee of Management to approach the Joint Director of Education and the Joint Director of Education will consider the claim of the petitioner and the Committee of Management and pass appropriate orders in accordance with law, as far as possible, within a month from the date a certified copy of this order is presented before it, by fixing the date calling both the persons before him.
With the aforesaid observation/direction, the writ petition is disposed of.
Order Date :- 30.9.2019 Sunil Kr. Gupta