Court No. - 18
Case :- WRIT - A No. - 8789 of 2018 Petitioner :- Tratadev Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
In view of the order proposed to be passed, notices need not go to fourth respondent.
The petitioner is before this Court for a direction to second respondent i.e. District Inspector of Schools, Shahjahanpur to ensure payment of salary to the petitioner from 13.1.2012 to 14.06.2013 and from 14.9.2014 to 4.3.2016 after passing an order of single operation under Section 3 of the U.P. High Schools & Intermediate (Payment of Salary to Teachers and Other Staff) Act, 1971.
This much is reflected from the record in question that for the same grievance the petitioner had earlier been before this Court by filing Writ Petition No.43739 of 2017 (Tratadey v. State of U.P. & Ors.), which was disposed of on 19.09.2017 asking the DIOS to take decision in the matter in accordance with law, after furnishing opportunity to the Committee of Management of the institution and the petitioner within three months. In response thereof, the DIOS has proceeded to pass detailed order on 19.01.2018 appended as Annexure 46 to the writ petition, whereby a categorical order has been passed asking the management for ensuring payment of salary for the said period.
In this backdrop, learned counsel for the petitioner states that inspite of categorical order passed by the DIOS, the management reason best known to it has not complied the said order and as such request has been made asking the DIOS, Shahjahanpur to ensure compliance of the order dated 19.01.2018.
In the aforesaid facts and circumstances, this Court is of the considered opinion that in view of the order passed by this Court in the aforesaid writ petition once the order has been passed by the DIOS after giving opportunity of hearing to the management on 19.01.2018, the said order is liable to be complied with forthwith. As such a direction is issued to the DIOS, Shahjahanpur for ensuring compliance of the order dated 19.01.2018. In case any resistance is made for payment of salary for the aforesaid period, the DIOS would be at liberty to proceed strictly in accordance with law against the management.
The writ petition is disposed of accordingly.
Order Date :- 28.3.2018 SP/