Court No. - 39
Case :- WRIT - A No. - 14862 of 2019 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Pandey Counsel for Respondent :- C.S.C.,Vikram Bahadur Singh Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for the respondent no. 1 and Sri Vikram Bahadur Singh, 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 petitioner submitted that there is an educational institution in the name of Shri Jawahar Lal Nehru Madhyamik Vidyalaya, Khera Bujurg, Post Dhanuwa, Jaswantnagar, District Etawah (hereinafter referred to as Institution),which is recognized under the provisions of U.P. Basic Education Act, 1972. The said institution is also receiving grant-in-aid from the State Government, therefore, payment of salary to the teachers and other employees of the Institution are being paid from the State Fund under the provisions of U.P. Payment of Salaries Act, 1978 (hereinafter referred to as Act, 1978). He next submitted that petitioner was appointed on the post of Headmaster by the selection committee and appointment was approved by the Basic Education Officer, Etawah vide order dated 3.8.2002. Petitioner has also received salary with effect from 5.8.2002 to 21.5.2010. Upon a complaint made against the petitioner, respondent no.2 has cancelled the earlier approval vide order dated 19.5.2010. Petitioner has challenged the said order by filing writ petition No.53425 of 2016, which was disposed of and ultimately District Basic Education Officer-respondent no.2 has passed the detailed order dated 2.3.2019 and restrained service of petitioner from the date of taking charge. Thereafter, petitioner has submitted an application dated 18.3.2019 for payment of salary alongwith arrears from 22.5.2010. He next submitted that now petitioner is receiving salary from month to month, but arrears of salary has not yet been paid. Lastly, he submitted that a suitable direction may be issued to respondent no.3 to consider the application of the petitioner dated 18.3.2019 and issue necessary direction for payment of arrears of salary.
Sri Vikram Bahadur Singh, learned counsel for the respondent nos. 2 & 3 submitted that respondent no.2 shall consider and decide the application of petitioner 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 the application of petitioner dated 18.3.2019 and decide the same strictly in accordance with law maximum within eight weeks after providing opportunity of hearing to the respondent no.4 from the date of production of certified copy of the order.
It is made clear that Court has not adjudicated the case on merits and is upon the respondent no. 2 to decide the application of petitioner after considering the relevant Rules as well as Government Orders occupying the field.
Order Date :- 27.9.2019 Junaid