Court No. - 5
Case :- WRIT - A No. - 3186 of 2019 Petitioner :- Puneet Kushwaha Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Ashok Kumar,J.
Heard Sri K.S. Kushwaha, learned counsel for the petitioner, Sri Nisheeth Yadav, learned counsel representing respondents no. 3 and 4 and learned standing counsel for respondents no. 1 and 2.
The petitioner has challenged the order dated 17.1.2019 (Annexure-4 to the writ petition) passed by the District Basic Education Officer, Varanasi, by which the District Basic Education Officer, Varanasi has directed the Finance and Accounts Officer, Basic Education, Varanasi, not to make the payment to the petitioner.
Brief facts of the case are that in conformity with the provision contemplated under Recruitment and Conditions of Service of Ministerial Staff and Group-B Employees Rules 1984, the process of selection on the vacant substantive post of clerk in the Institution namely in Sri Rishi Narayan Shastri Junior High School, Jamuni, Post - Jakhani, District - Varanasi was initiated by the committee of management by issuing an advertisement in the two daily newspapers.
The petitioner claims that he was qualified and was eligible hence applied for the post of clerk and has faced the interview and was finally selected by the selection committee.
The petitioner claims that approval by the District Basic Education Officer, was accorded vide order dated 31.7.2016 and thereafter an appointment letter has been issued by the Manager of the Institution dated 6.8.2016 and the petitioner joined the Institution as such is discharging his duties as a clerk in the said Institution. The claim of the petitioner that he was getting the salary but, all of a sudden and without any reason the respondent no. 3, District Basic Education Officer, Varanasi has directed the Finance and Accounts Officer, Basic Education Officer, Varanasi to stop the salary of the petitioner vide his order/letter dated 17.1.2019.
From the perusal of the letter/order dated 17.1.2019 it is clear that the same has been issued by the District Basic Education Officer, Varanasi. Pursuance of order passed by the Assistant Director of Education, Basic IVth Region, Varanasi dated 16.1.2019. From the perusal of the order dated 16.1.2019 and the direction issued it is clear that the salary of the petitioner has been stopped. The contention of the learned counsel for the petitioner is that there is no reason recorded by the District Basic Education Officer, Varanasi in his order dated 17.12019 indicating therein as to why the salary of the petitioner have been stopped.
The petitioner is claiming that he is working with all efficiency and there is neither any suspension proceedings nor any disciplinary proceedings initiated or pending even than his salary is stopped by the respondents. The petitioner has asked the respondent no. 3 to provide a copy of the order of Assistant Director of Education Varanasi dated 16.1.2019 and in fact when the petitioner has received the copy of the order dated 16.1.2019 it is transpired that an enquiry was conducted by the Joint Director of Education (Woman) Directorate U.P. Allahabad, with respect of the appointment made in the year 2016 in recognize Junior High School.
It is noted that four institutions were found appointing the employees in violation of Government order dated 6.11.2015 hence services of those appointees are terminated.
Though the name of the institution in which the petitioner is working is not mentioned in the letter dated 16.1.2019 but since the appointment order of the petitioner is issued in the year 2016, the petitioner has been restrained to serve as clerk.
The contention of the learned counsel for the petitioner is that there is no allegation against the petitioner and in fact merely on the basis of appointment of the petitioner in the year 2016 the payment of salary of the petitioner is stopped. Learned counsel has submitted that the entire exercise is based on the behest of the higher authorities as such there is no reasons to stop the salary of the petitioner nor any enquiry is conducted by the respondent authorities.
On the other hand learned counsel representing the respondents has placed reliance of the Government order dated 6.11.2015 and the circular dated 31.3.2015.
Having heard learned counsel for the parties and with the consent of the learned counsel for the parties the writ petition is disposed of by directing the respondent no. 2 and 3 to consider the grievance of the petitioner and to enquire into the matter and take a decision within a reasonable time, that is within one month from the date of production of certified copy of this order.
The petitioner will file a detailed representation before the respondents no. 2 and 3, which will be decided by a speaking order. If the claim of the petitioner is found genuine, the salary of the petitioner for the month of January, February and March as well as onward months will be paid by the respondents immediately after decision taken by them without any delay.
By the aforesaid directions the writ petition is disposed of.
Order Date :- 28.2.2019 Md Faisal