Court No. - 3
Case :- WRIT - A No. - 20802 of 2019 Petitioner :- Kumari Vandana Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Ajeet Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2.
Learned counsel for the petitioner submitted that he was appointed as Assistant Teacher in Sri Durga Siddheshwar Shikshan Sansthan, Dumwaliya, District Deoria.
It is stated that the petitioner' appointment was approved by the District Basic Education Officer on 6th January, 2011. A xerox copy of the said order is annexure-3 to the writ petition.
The grievance of the petitioner is that in view of the judgement of the Constitution Bench of the Supreme Court in the case of State of Uttar Pradesh and others v. Pawan Kumar Divedi and others, (2014) 9 SCC 692, they are entitled for their salary from the State Exchequer. A Division Bench of this Court in the case of Paripurna Nand Tripathi & another v. State of U.P. & others, 2015(3) ADJ 567 (DB) has considered the decision in Pawan Kumar Divedi (supra) and the effect of the Constitution (Eighty-Sixth Amendment) Act, 2002 inserting Article 21-A, which enjoins the State Government to provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may. The Division Bench has also considered the object of the Right of Children to Free and Compulsory Education Act, 2009 and has issued a direction to the State Government to take appropriate decision and to re-visit its policy decision in respect of the grant-in-aid to the unaided institutions, which are providing education, in terms of Article 21-A of the Constitution.
Having due regard to the facts of the case, in my view, the ends of justice would be subserved by issuing a direction upon the first respondent to consider the cause of the petitioners and pass appropriate order in accordance with law, expeditiously, preferably within four months from the date of communication of this order.
Needless to say that this Court has not expressed its opinion on the merits of the case. The State shall pass the order independently and in accordance with law.
The writ petition is, accordingly, disposed of. No order as to costs.
Order Date :- 20.12.2019 S.Sharma