Court No. - 39
Case :- WRIT - A No. - 14117 of 2019 Petitioner :- Sandeep Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kailash Singh Kushwaha Counsel for Respondent :- C.S.C.,Nisheeth Yadav
Hon'ble Neeraj Tiwari,J.
On 16.9.2019, following order was passed:-
"Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri Nisheeth Yadav, learned counsel for respondent nos. 2 and 3.
Learned counsel for the petitioner submits that petitioner was appointed as Assistant Teacher on probation and his appointment was approved by respondent no. 2 vide letter dated 14.08.2018 and on the very same date, appointment letter was also issued by respondent no.
4. He has submitted his joining on 18.08.2018. He further submits that salary bill was also sent by respondent no. 4 including the name of petitioner, but salary of petitioner was not paid. He next submits that similar controversy was earlier before this Court in Writ A Nos. 67430 of 2014 (Akhilesh Kumar Singh Vs. State of U.P. and 4 others) and 26808 of 2018 (Seema Dabas and another Vs. State of U.P. and 2 others) and Court has held that after approval by respondent no. 2- District Basic Education Officer, Varanasi, Finance and Accounts Officer has no authority to stop the salary.
Sri Nisheeth Yadav, learned counsel for respondent nos. 2 and 3 prays for and is granted one week time to seek written instruction about the matter and also go through the judgement relied upon by the petitioner.
List this case on 23.09.2019 in additional cause list."
Pursuant to the order dated 16.9.2019, Sri Nisheeth Yadav, learned counsel for the respondent nos. 2 and 3 has produced instruction dated 17.9.2019, which is taken on record.
He submitted that in the instruction, it is stated that due to inquiry conducted pursuant to the letter dated 13.5.2019 of Assistant Director of Education (Basic) Fifth Division, Varanasi, salary of the petitioner could not be paid. He next submitted the the petitioner may file application before the respondent no. 3 and in case any such application is filed by petitioner, the same shall be considered and decided considering the judgments of this Court passed in Writ-A Nos. 67430 of 2014 (Akhilesh Kumar Singh Vs. State of U.P. and 4 others) and 26808 of 2018 (Seema Dabas and another Vs. State of U.P. and 2 others).
Considering the facts and circumstances of the case, without entering into merit of the case, this writ petition is disposed of with liberty to the petitioner to file an application before the respondent no. 3 within a week from today and in case any such application is filed by petitioner, the respondent no. 3 is directed to consider and decide the application of the petitioner considering the judgments of this Court passed in Writ-A Nos. 67430 of 2014 (Akhilesh Kumar Singh Vs. State of U.P. and 4 others) and 26808 of 2018 (Seema Dabas and another Vs. State of U.P. and 2 others), other Rules and Government Order occupying the field maximum within four weeks from the date of production of certified copy of this order.
Order Date :- 26.9.2019 Rmk.