Court No. - 3
Case :- WRIT - A No. - 20546 of 2019 Petitioner :- Smt. Menu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hitesh Pachori Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 to 3.
The husband of the petitioner, Late Vikram, was working as Chowkidar in K.C.P. Inter College, Moth, Jhansi. He (Vikram) died on 17.02.2010. On the death of her husband, petitioner was given appointment under Dying and Harness Rules by order dated 12.08.2010. The appointment of the petitioner was subject to the outcome of the result in two writ petitions i.e. Writ-A No.33079 of 2002 and Writ A No.15860 of 2010.
Writ-A No.33079 of 2002 was filed by one Ram Pal Singh challenging the appointment of Late Vikram. The said writ petition was dismissed as withdrawn by this Court by order dated 03.08.2018. The other writ petition i.e. Writ A No.15860 of 2010 was filed by one Dr. Ravindra Gupta in which an interim order dated 26.03.2010 was passed by this Court staying the payment of salary to the petitioner. Later on the said writ petition was also dismissed in default by order of this Court dated 18.01.2019. The petitioner submits that no restoration application has been filed in Writ A No.15860 of 2010 to recall the order dated 18.01.2019.
After the dismissal of the aforesaid two writ petitions, petitioner has submitted application to respondent no.3, District Inspector of Schools, Jhansi, for payment of salary. On the said application of petitioner, respondent no.3 by letter dated 22.05.2019 addressed to the Director of Education (Secondary), Lucknow, respondent no.2, sought permission for payment of salary to petitioner.
The grievance of the petitioner is that though, District Inspector of Schools wrote a letter dated 22.05.2019, Annexure 6 to the writ petition, recommending for payment of salary to petitioner to respondent no.2, but respondent no.2 has not taken any action on the said letter nor has passed any order for payment of salary to the petitioner, which has caused serious prejudice to the petitioner, inasmuch as despite the fact that petitioner is working since 2010, she has not been paid salary.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.2 to consider the grievance of the petitioner.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no.2, Director of Education, Madhyamik Shiksha Parishad, Lucknow, to take decision in respect of payment of salary to the petitioner in the light of letter dated 22.05.2019 of respondent no.3, Annexure 6 to the writ petition, within a period of two months from the date of production of certified copy of this order.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 19.12.2019 Sattyarth