Heard Sri Rakesh Kumar Singh, learned counsel for the petitioner, Sri P.K.Singh Vats, learned counsel appearing for the Committee of Management, learned Standing counsel appearing for the State-respondents and Sri R.K.S. Suryavanshi, learned counsel appearing for the Board.
At the very outset, Sri Rakesh Kumar Singh, learned counsel for the petitioner submits that though the substitution application had been allowed on 22.05.2018 but inadvertently the substitution could not be carried out. He is permitted to carry out the substitution during the course of day.
Learned counsel for the petitioner prays for and is permitted to implead the Joint Director of Education (Secondary), Ayodhya Mandal, Ayodhya as respondent no. 6 in the present petition.
There is consensus at the Bar that the petitioner who was working as Assistant Teacher in the Institution in question retired on 30.06.2015 and has subsequently died on 12.12.2017 has still not been paid the retiral dues.
Sri Vats, learned counsel appearing for the Committee of Management submits that though the petitioner had been dismissed from service yet the same was not approved by the District Inspector of Schools (hereinafter referred to as "DIOS") and consequently, the petitioner in pursuance to the order passed by the DIOS was allowed to continue as Assistant Teacher. Sri Vats fairly submits that he has no objection in case the present petition is disposed of with the direction to the Joint Director of Education (Secondary), Ayodhya Mandal, Ayodhya to look into the matter pertaining to the retiral dues of the petitioner including the financial liability which had accrued against the petitioner while he was working on the post of ad-hoc principal. To the said prayer, learned Standing counsel has also no objection.
Accordingly, taking into consideration the consensus amongst the parties, the present petition is disposed of giving liberty to the petitioner to submit a comprehensive fresh representation along with all the documents as available with the petitioner to the respondent no. 6 i.e Joint Director of Education (Secondary), Ayodhya Mandal, Ayodhya within a period of two weeks from today. In case, such a representation is made then the respondent no. 6 shall look into the matter and pass appropriate order on the payment of the retiral dues of the petitioner after assessing the financial liability as due against the petitioner as pointed out by the Committee of Management. The said decision would be taken by the Joint Director of Education (Secondary), Ayodhya Mandal, Ayodhya within a period of three months from the date of receipt a certified copy of this order along with the representation of the petitioner.
Order Date :- 28.8.2019 Pachhere/-