Court No. - 33
Case :- WRIT - A No. - 7522 of 2015 Petitioner :- Mithailal And 8 Ors.
Respondent :- State Of U.P. And 5 Ors.
Counsel for Petitioner :- S.S.P. Gupta,G.K. Gupta Counsel for Respondent :- C.S.C.,S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners claim to have been appointed as Assistant Teachers in Bal Vidya Mandir, Mehnagar, Azamgarh run by the Department of Social Welfare from a date prior to it being taken on the list of aided institution. Other teachers were found working from prior to date 31.03.1994 in the institution were allowed salary out of state funds but such benefit has been denied to petitioners. Direction was issued by this Court in Writ Petition No.29158 of 1999 to consider petitioners' grievance. The Director vide order dated 17.05.2003 rejected their claim. This order came to be challenged in Writ Petition No.29018 of 2003 which came to be allowed vide following order passed on 12.05.2011:-
"Accordingly, the writ petition is allowed. A writ in the nature of certiorari is issued quashing the impugned order dated 17.05.2003 contained in Annexure No.12 to the writ petition with consequential benefits. A writ of mandamus is issued commanding the State of U.P. as well as the Director, Social Welfare to reconsider the petitioners' case for payment of salary in the light of observations made hereinabove. Let the decision be taken within three months from the date of receipt of a certified copy of this order."
It is thereafter that the Director has passed an order on 12.09.2012 and referred the matter to the State Government in light of his own findings/conclusions in respect of petitioners' appointment. Grievance of the petitioners is that although a period of nearly eight years has expired but the State Government has not passed any final order in the matter.
Various orders have been passed from time to time in the present petition but an appropriate adjudication at the level of State Government is still awaited.
Since claim of petitioners in terms of the previous adjudication made by this Court is yet to be examined by the competent authority as such no observation with regard to petitioners' claim on merit is required to be made by this Court, at this stage.
Writ petition is, accordingly, disposed of with a direction upon respondent no.1 to take an appropriate decision in the matter relating to payment of salary out of state funds to the petitioners, in light of recommendation made by the Director on 12.09.2012, in accordance with law, within a period of four months from the date of presentation of a copy of this order. Liberty stands reserved to petitioners to make a comprehensive representation in respect of their claim, annexing all materials in support of their claim, alongwith copy of this order.
Order Date :- 22.9.2021 Ashok Kr.