Court No. - 58
Case :- WRIT - A No. - 22088 of 2018 Petitioner :- Rakesh Dutt Shukla And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ramesh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav,Grijesh Tiwari
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the committee of management of the institution, withholding the annual increment of the petitioners and also awarding adverse entry. The order is assailed on the ground that prior approval of Board has not been obtained as is statutorily warranted under Section 21 of the U.P. Secondary Education Service Selection Board Act, 1982. Submission is that the order impugned is wholly without jurisdiction.
Learned counsel for the respondent committee of management does not dispute the legal proposition but submits that so far as awarding of adverse entry to the petitioner is concerned, the same would not be inconsistent with Section 21 of the Act inasmuch the provision itself would have no applicability.
I have heard Sri R.C. Dwivedi, learned counsel for the petitioner, Sri Grijesh Tiwari for respondent nos. 5 & 6, Sri .K. Yadav for respondent no. 2 and learned Standing Counsel for State.
Admittedly, no prior approval of the Board has been obtained and, therefore, the order of the management denying annual increment to petitioner cannot be sustained. Part of the order dated 16.7.2018 in so far as it denies annual increment to petitioner, therefore, is quashed.
So for as awarding of adverse entry is concerned, it would be open for the petitioner to represent in the matter in the manner prescribed before the authority concerned and it shall always be open for the committee of management to proceed with the matter, in accordance with law.
With the aforesaid observations, writ petition stands disposed of.
Order Date :- 31.10.2018 n.u.