Court No. - 39
Case :- WRIT - A No. - 14773 of 2019 Petitioner :- Surendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashwani Kumar Rai,Hritudhwaj Pratap Sahi Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1 to 3 and Sri Pranesh Dutt Tripathi, learned counsel for the respondent no. 4.
Learned counsel for the petitioner has submitted that pursuant to advertisement dated 28.8.2016 published by respondent no. 5, the petitioners have submitted applications. A selection committee was constituted and interview was conducted on 25.9.2016 in which total 3 candidates were appeared and a quality point chart was prepared by the selection committee. Appointment of the petitioner was also approved by the Committee of Management of respondent no. 5 by resolution dated 25.9.2016 and the same was sent to the District Basic Education Officer, Azamgarh for approval, which was approved by the District Basic Education Officer, Azamgarh vide order dated 12.10.2016 and accordingly, appointment letters were issued to the petitioners. Pursuant to appointment letters, the petitioners have submitted their joining in the institution on 27.9.2016. He further submitted that institution was granted aid from the State Government and it is receiving grant through Social Welfare Department from 31.3.1994 and teachers working in the institution are entitled to get salary from the State fund, therefore, Management forwarded all the requisite papers to the District Social Welfare Officer, Azamgarh for payment of salary of the petitioners. He next submitted that the respondent no. 3-District Social Welfare Officer, Azamgarh has recommended the case of the petitioners for approval to the respondent no. 2-Director Social Welfare, Government of U.P., Lucknow vide his letter dated 20.10.2016. After receiving the letter of respondent no. 3, the respondent no. 2 vide letter dated 21.12.2017 has sent the matter of the petitioners for approval to respondent no. 1-Principal Secretary, Social Welfare, Government of U.P., Lucknow, but till date no decision has been taken by respondent no. 1. Lastly, he submitted that a suitable direction may be issued to respondent no. 1-Principal Secretary, Social Welfare, Government of U.P., Lucknow to consider the case of the petitioners in light of recommendations made by respondent nos. 2 and 3 and accord approval for payment of salary from the State fund for which learned counsel for the respondents have no objection.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 1- Principal Secretary, Social Welfare, Government of U.P., Lucknow to consider the proposal submitted by respondent no. 2-Director Social Welfare, Government of U.P., Lucknow vide letter dated 21.12.2017 and take decision in the matter of petitioners strictly in accordance with law within three months from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.1 to decide the case of the petitioners after considering the facts as well as relevant Rules and Government Order etc. occupying the field.
Order Date :- 26.9.2019 Arvind