Court No. - 18
Case :- WRIT - A No. - 1996 of 2019 Petitioner :- Pradeep Kumar Awasthi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Raj Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh
Hon'ble Prakash Padia,J.
Today in Writ A No.1994 of 2019 (Subodh Kumar Yadav Vs. State of U.P. and 3 others) following order was passed :-
"Heard Sri Shiv Raj Singh, learned counsel for the petitioner, learned Standing Counsel on behalf of respondent no.1 and Sri Pankaj Kumar Singh, learned counsel, on behalf of respondent nos.2 and 3.
Sri Shiv Raj Singh, learned counsel for the petitioner contended that one post of Assistant Teacher (Math) was falling vacant in the institution in question namely Sarvodya Madhymik Vidyalay, Saray Amaliya, Kanpur Dehat. In order to fill up the aforesaid post letter was written by the Manager of the institution in question to the District Basic Education Officer, Kanpur Dehat, for taking his prior permission. Vide letter dated 24.8.2018 District Basic Education Officer, Kanpur Dehat, granted permission to fill up the post in institution in question. Subsequently vacancy was advertised in two daily newspapers and Parvekchhak was also appointed to participate in the selection process of Departmental Selection Committee, which was held on 14.9.2018. Subsequently the Selection Committee found the petitioner most suitable candidate. Thereafter, vide letter dated 19.9.2018 the appointment of the petitioner was duly approved by the District Basic Education Officer, Kanpur Dehat. After the aforesaid order, the Manager of the institution in question issued a appointment letter to the petitioner on 20.9.2018. Learned counsel for the petitioner further contended that in pursuance of the aforesaid letter the petitioner immediately joined his post of Assistant Teacher (Math). It is unfortunate that inspite of the same no salary whatsoever has been paid to the petitioner. In this regard letters were written by the Manager of the institution in question to the Finance and Accounts Officer in the offfice of District Basic Education Officer, from time to time. One of such representation dated 31.12.2018 is appended as annexure 6 to the writ petition. Learned counsel for the petitioner also relied upon a circular issued from the office of Director of Education (Basic) U.P., Lucknow addressed to all the District Basic Education Officer in the State of U.P. dated 8.1.2019.
Learned counsel for the respondents contended that letters were already written by the Finance and Accounts Officer to the District Basic Education Officer, Kanpur Dehat, raising certain queries for releasing the salary of the petitioner.
It appears that only letters were written by one authority to other authority to release the salary of the petitioner but till date no salary whatsoever has been released in favour of the petitioner. On account of non action on part of the respondents the petitioner is suffering irreparable loss. In this background of the matter, the respondent nos.2 and 3 are directed to make payment of the arrears of the salary from the date of appointment of the petitioner as well as current salary.
Sri Pankaj Kumar, learned counsel for the petitioner contended that the actual payment will be made only by the respondent no.3/Finance and Accounts Officer in the office of District Basic Education Officer, Kanpur Dehat.
In the circumstances, respondent no.3 is directed to make the necessary payment in favour of the petitioner on or before the next date fixed in the matter or to show cause.
Put up on 11.3.2019 in the additional cause list."
It is admitted by learned counsel for the parties that the controversy involved in the present writ petition is identical as in Writ A No.1994 of 2019 (Subodh Kumar Yadav Vs. State of U.P. and 3 others).
Connect with Writ A No.1994 of 2019 (Subodh Kumar Yadav Vs. State of U.P. and 3 others).
In the circumstances, put up this matter also on 11.3.2019 along-with connected matter. The directions issued in the aforesaid writ petition is also extended to the petitioner in the present writ petition.
Order Date :- 25.2.2019 Pramod Tripathi