Court No. - 58
Case :- WRIT - A No. - 10059 of 2018 Petitioner :- Munni Devi And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailendra Kumar Pathak,Rahul Srivastava Counsel for Respondent :- C.S.C.,Sanjay Kumar Srivastava
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 17.4.2018:-
"Order under challenge records that there is some ambiguity in the matter relating to appointment of petitioners and, therefore, so long as situation is not clarified in inquiry, petitioners would not be paid salary.
Learned counsel for the petitioners submits that the petitioners have been duly appointed and are also receiving salary from the State since 1992 till 2017, and without any rhyme and reason their salary has been stopped.
Learned counsel representing respondent District Basic Education Officer may obtain instructions in the matter by the next date fixed.
Post as fresh on 24.4.2018."
Sri S.K. Srivastava, appearing for the District Basic Education Officer, Etah, states that certain complaints have been received with regard to approval order being forged in respect of the teachers concerned, which regard to which an enquiry is under progress and that is why the salary has been stopped.
Merely on account of complaints, it would not be permissible in law for the respondents to withhold salary of teachers, who are receiving such amount for the last more than 20 years. It is always open for the respondents to conduct an enquiry, but the rights of petitioners to work and to receive salary can be interfered with only by a procedure known to law. Their salary, therefore, cannot be withheld in the manner, as has been done.
Considering the above, this writ petition stands disposed of with a direction upon the respondents to ensure release of salary to petitioners from month to month, in accordance with law. It shall, however, be open for the respondents to enquire into the complaints made, and in case it is found that allegations made are correct, the respondents shall be at liberty to proceed in the matter, in accordance with law. Petitioners shall also be entitled to arrears of salary from April, 2017.
Order Date :- 24.4.2018 Anil