Court No. - 16
Case :- WRIT - A No. - 6952 of 2018 Petitioner :- Maheshwari Prasad Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shashi Kant Mishra Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Ashwani Kumar Mishra,J.
It transpires on record that in respect of petitioner's claim to fix his salary on the post of Assistant Teacher by treating him to have been appointed notionally alongwith 1998 batch, he had approached this Court earlier and following orders were passed on 16.2.2015 in Writ Petition No.9124 of 2015:-
"Petitioner is a physically challenged person who was considered to undergo Special B.T.C. Training Course 1988 pursuant to the direction of this court in writ petition no. 18066 of 2001 decided on 11.5.2001.The petitioner has completed BTC training and was appointed as Assistant Teacher in a Junior Basic School. However he was not given notional benefit for the period for which he was not appointed despite completion of the course. The writ petition no. 25716 of 2013 filed by the petitioner was decided on 8.5.2013 . Pursuant to the direction of this court a decision was taken by the District Basic Education Officer, Jaunpur and the petitioner was given notional seniority to the post of Assistant Teacher treating the B.T.C. Training Course 1998. The direction was that the petitioner would be kept in the seniority list of Special B.T.C. Training 1998, at the bottom of the list.The submission is that though the petitioner was given notional seniority of the Assistant Teacher, however his payscale has wrongly been fixed from the date of actual appointment i.e.30.12. 2010. The contention of the petitioner is that as notional seniority has been given, and hence benefit of fixation of the payscale is to be given from the date as given to other trainees of Special B.T.C. course 1998.The petitioner has moved a representation to the Basic Education Officer, Jaunpur on 14.3.2014.No decision has been taken till date and hence this petition.
The sole prayer of the petitioner is to direct respondent no.2 to take a decision for grant of notional benefit of pay scale with effect from the date from which it has been given to other trainees of Batch 1998, and fix his pay accordingly from the date of actual appointment.
To this prayer, Shri Mrigraj Singh, learned counsel for the respondent nos. 2 and 4 and learned Standing Counsel have no objection.
In view thereof, the writ petition is being disposed of with the following directions:-
(1) Petitioner shall make fresh representation along with certified copy of this order within three weeks.
(2) In the event, such an application is filed, the respondent no.2 shall take appropriate decision in accordance with law as expeditiously as possible preferably within a period of two months from the date of the representation."
It is contended that though a representation was made but the matter has remained pending and no decision has yet been taken. It is stated that a recurring cause continues to petitioner inasmuch as the salary admissible to him has not been correctly fixed.
Sri Mrigrai Singh, learned counsel appearing for the respondent no.4 submits that in case the authority concerned has not taken any decision upon the claim of the petitioner, the same shall be examined in accordance with law, at the earliest.
Considering the facts and circumstances, this writ petition stands disposed of with a direction upon the respondent no.4 to examine claim of the petitioner, keeping in view the orders passed by this Court, within a period of four months from the date of presentation of certified copy of this order.
Order Date :- 27.2.2018 Ashok Kr.