Court No. - 57
Case :- WRIT - A No. - 22884 of 2018 Petitioner :- Mithilesh Kumar Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
In the identical matter of the same institution, this Court in Writ -A No. 42344 of 2017, this Court has passed the following order :-
"The petitioner has instituted this writ petition for a direction to the respondents to pay his salary to the post of Assistant Teacher along with arrears.
Devbani Pracharak Sanskrit Madhyamik Vidyalaya, Sahganj, Jaunpur is a Higher Secondary School. It is duly recognized under U.P. Board of Secondary Sanskrit Education and receives grant in aid from the State Government. The institution imparts education from Prathma to Uttar Madhyma. In the institution 1 post of Principal and 5 posts of Assistant Teachers have been sanctioned.
The Committee of Management has sought the permission from the District Inspector of Schools to fill up the existing vacancy of Assistant Teacher of the institution, who vide order dated 01.08.2012 has accorded approval to fill up the posts. In pursuance thereto the Committee of Management has issued advertisement inviting applications from the eligible candidates for appointment on one post of Assistant Teacher. It is stated that after following the procedure under the law, the petitioner has been selected and is working as Assistant Teacher in the institution. However, his salary has not been paid in spite of repeated requests.
Learned counsel for the petitioner has drawn the attention of the Court to an order passed in identical matter by this Court in Writ -A No. 1590 of 2017 (Sharad Dubey vs. State of U.P. And 4 Ors.), wherein some other similarly placed incumbent of the same institution had approached this Court and this Court on 13.01.2017 has directed the respondents to take decision in the matter relating to approval of the appointment of the petitioner on the post of Assistant Teacher in accordance with law.
The present writ petition is also disposed of in the same terms by issuing direction upon the District Inspector of Schools to pass appropriate order on the representation of the petitioner. The petitioner is granted liberty to file fresh representation along with certified copy of this order. In the event, if any such representation is made within ten days, the same shall be considered expeditiously preferably within a period of three months from the date of production of certified copy of this order.
With the aforesaid observation, the writ petition is disposed of."
The present writ petition is also disposed of in the same terms by issuing direction upon the respondent no. 2 -District Inspector of Schools to pass appropriate order on the representation of the petitioner. The petitioner is granted liberty to file fresh representation along with certified copy of this order. In the event, if any such representation is made within ten days, the same shall be considered expeditiously preferably within a period of three months from the date of production of certified copy of this order.
Order Date :- 27.10.2018 Akbar