Court No. - 39
Case :- WRIT - A No. - 12328 of 2019 Petitioner :- Rahul Kumar Pandey And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Samarath Singh,Hritudhwaj Pratap Sahi,Sankalp Narain Counsel for Respondent :- C.S.C.,Mohd Shere Ali
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned standing counsel for the respondent nos. 1 & 2 and Mohd Shere Ali, learned counsel for the respondent respondent nos. 3 & 4.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no.5.
Learned counsel for the petitioners submitted that there is an educational institution in the name of Nehru Purva Madhyamik Vidyalaya, Kunserwa Nautanwa, District Maharajganj, which is recognized and governed under the provisions of Uttar Pradesh Basic Education Act, 1972 as well as Uttar Pradesh Recognized Basic Schools (Junior High School) (Recruitment and Conditions and Service of Teachers) Rules, 1978. The said institution is also receiving grant-in-aid from the State Government, therefore, provisions of Uttar Pradesh Junior High School (Payment of Salary to the Teachers and other Employees) Act, 1978 is also applicable. He next submitted that respondent no.5 has issued an advertisement on 18.06.2011 in Daily Newspapers, namely, 'Dainik Jagran & 'Aaj Dainik' and pursuant to that, petitioners have submitted an application for the same and Selection Committee recommended the name of petitioners. Thereafter, petitioners were appointed on the post of Assistant Teacher in the institution in question and also issued appointment letter dated 16.9.2011 with direction to submit their joining by 23.9.2011. After approval, petitioners were getting salary of Assistant Teacher. He next submitted that letter dated 1.7.2013 was served upon the Manager of the Institution directing him to ensure the petitioners to acquire qualification of Teachers Eligibility Test (TET) on or before 31.3.2015 in terms of Right to Free and Compulsory Education Act, 2009 (hereinafter referred to as 'Act, 2009') framed by the State Government. Petitioners were continuously getting their salary on the post in question till May, 2015 and thereafter, salary of petitioners were stopped. He further submitted that petitioners have appeared in U.P. TET Examination, 2015 and qualified the same and now fulfilling the condition of RTE 'Act, 2009'.
Petitioners have moved representation for payment of salary before the Assistant Director of Education (Basic)-respondent no.2 on 7.3.2018. Respondent no.3 vide letter dated 4.6.2018 has also recommended for payment of salary of petitioners to respondent no.2, but till date no decision has been taken by the respondent no.2. Lastly, he submitted that a suitable direction may be issued to respondent no.2 to decide the representation of the petitioner dated 7.3.2018 considering the recommendation made by respondent no.3 dated 4.6.2018.
Learned Standing Counsel submitted that representation of the petitioners shall be considered and order shall be passed strictly in accordance with law.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to the respondent no.2 to consider and decide the representation of the petitioners dated 7.3.2018 strictly in accordance with law maximum within four weeks from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.2 to decide the representation of the petitioners after considering the Acts, Rules and Government Orders occupying the field.
Order Date :- 26.8.2019 Junaid