Court No. - 58
Case :- WRIT - A No. - 27237 of 2018 Petitioner :- Jagdamba Tripathi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pavan Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner claims to have been appointed in unaided section of the Institution as a part time lecturer under Section 7AA of U.P. Intermediate Education Act. His grievance is that though petitioner has been working, but the Management has not released him salary for the period April, 2016 to January, 2017 at the rate of Rs. 3,000/- per month.
Learned Standing Counsel submits that since Institution is unaided, the right of the petitioner is to seek remedy against the private management.
In the facts and circumstances of the present case, this Court finds that no right accrues in favour of the petitioner to receive salary from the State Exchequer. In respect of his entitlement to seek requisite amount from the private management, he shall be at liberty to approach the appropriate civil court, but no direction can be issued to private management to pay petitioner's salary, in case there is a dispute raised in that regard in view of fact that petitioner's engagement is not regulated by any statutory provision.
Order Date :- 19.12.2018 Sumaira