Court No. - 4
Case :- WRIT - A No. - 25098 of 2018 Petitioner :- Santosh Kumar Rajak And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kushmondeya Shahi Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
Petitioners are aggrieved by the order dated 05.11.2018, whereby the District Basic Education Officer (hereinafter to be referred as 'DBEO') has called for a report from the Finance & Accounts Officer as to why action has not been taken in pursuance of the order dated 19.03.2018 in respect of the teachers who got reverted under the said order in compliance of the order of Apex Court in U.P. Power Corporation Corporation case. Since, the Finance & Accounts Officer is the officer responsible for payment of salary, the report has been called for by the DBEO.
The grievance of the petitioners is that the order dated 19.03.2018 having not been acted upon and Committee having been constituted to verify the facts with regard to the application of the judgment of Apex Court, the DBEO was not justified in calling for a report.
Per contra the argument advanced by Sri Sanjay Kumar Singh, learned counsel appearing for respondent nos. 2 and 3 is that the petitioners had earlier approached this Court by means of Writ - A No. 9671 of 2018, whereunder they had challenged the order dated 19.03.2018 but this Court vide order dated 10.04.2018 declined to interfere with the order dated 19.03.2018 and only granted liberty to the petitioner to approach the Committee constituted if they have any grievance. The order passed in the petitioners' case (supra) runs as under:
"Heard learned counsel for the petitioner and Sri Sanjay Kumar Singh, learned counsel appearing for the respondents.
Petitioners are aggrieved by an order passed by the District Basic Education Officer, Lalitpur, dated 19.3.2018, whereby they have been reverted. It appears that this order has been passed pursuant to the directions issued by the Hon'ble Supreme Court in Uttar Pradesh Power Corporation Ltd. Vs. Rajesh Kumar and others: (2012) 7 SCC, 1. Hon'ble Supreme Court, in contempt proceedings arising out of the aforesaid order, has been pleased to observe that no writ petition in such matter is to be entertained by the High Court.
In due deference to the directions so issued by the Hon'ble Supreme Court, the present writ petition is not liable to be entertained.
It shall, however, be open for the petitioners to approach the Committee chaired by the Principal Secretary, Department of Personnel, State of U.P., who has been conferred jurisdiction to entertain such grievances under the orders of the Hon'ble Supreme Court.
Subject to the liberty reserved to the petitioners to approach the competent authority in terms of the directions issued by the Hon'ble Supreme Court, the writ petition is not entertained, and is dismissed."
From the perusal of the order, I find that the petitioners had unsuccessfully challenged the order dated 19.03.2018 before this Court and the liberty was extended to approach the Committee constituted under the Chairmanship of the Secretary and the petitioners were to approach accordingly. From the records that have been annexed along with the petition, it does not transpire that petitioners ever approached the Committee instead they have annexed a letter addressed to DBEO which, in the opinion of the Court as has rightly been argued by the counsel for the respondent does not reflect their intention to approach the Committee at all.
In the opinion of the Court, therefore, the petitioner has no cause of action as of now to maintain the present petition because the letter/ order impugned herein this petition is only for taking action in pursuance of the order dated 19.03.2018 against which the petitioners' writ petition has already been dismissed. The liberty always rests with the petitioners to act in compliance of the order dated 10.04.2018 and to that extent no prejudice will be caused to the petitioners even due to non interference by this Court in the present writ petition.
In view of the above, writ petition lacks merit and is dismissed at this stage.
Order Date :- 28.11.2018 IrfanUddin