Court No. - 39
Case :- WRIT - A No. - 14890 of 2019 Petitioner :- Ramayan Prasad And 7 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel for the respondent no. 1 and Sri Pranesh Dutt Tripathi, learned counsel for the respondent nos. 2 & 3.
Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 4.
Learned counsel for the petitioners submitted that there is an educational institution in the name of Kisan Intermediate College, Mathaluli Bazar, Kushinagar (hereinafter referred to as the Institution), which is recognized and attached with Upper Primary School. The said institution is also governed by U.P. Recognized Basic Schools (Recruitment and Condition of Service of Teachers and other conditions) Rules, 1975 (hereinafter referred to as 'Rules, 1975'). The said institution was also granted permanent recognition by respondent no.3 vide order dated 29.07.1972. He next submitted that all petitioners have been appointed in the institution and their appointment was also approved by the respondent no.2. The institution is also receiving grant-in-aid with effect from 14.05.2018 and petitioners are entitled for payment of salary from the State fund, but till date same has not been given to them. For redressal of their grievances, they have submitted application dated 24.01.2019 before the respondent no. 2 and also sent several reminders, but till date neither payment has been paid nor any order has been passed on the application of the petitioners. Lastly, he submitted that a suitable direction may be issued to respondent no. 2 to consider the application of the petitoners and pay salary from the State fund alongwith arrears.
Sri Pranesh Dutt Tripathi, learned counsel for the respondent nos. 2 & 3 submitted that application of the petitioners shall be considered and decided in accordance with law at the earliest.
Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent no.2 to consider and decide the application of the petitioners strictly in accordance with law maximum within two months from the date of production of certified copy of this order after providing opportunity of hearing to respondent no.4. Petitioner is also given liberty to file fresh application alongwith certified copy of this order after providing.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 2 to decide the application of the petitioners after considering the Rules and Government Order occupying the field.
Order Date :- 27.9.2019 Arvind