Court No. - 33
Case :- WRIT - A No. - 47608 of 2016 Petitioner :- Vijay Narayan Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Madan Ji Pandey Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan
Hon'ble Ashwani Kumar Mishra,J.
Petitioner's grievance is that though he has been validly appointed as Clerk in Shri Markandey Prasad Pandey Junior High School Bhadaila, District Ghazipur and his appointment was also approved, yet his salary has been denied.
A counter affidavit has been filed as per which petitioner happens to be the nephew of member of managing committee and by virtue of Rule 12 of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment And Conditions Of Service Of Ministerial Staff And Group 'D' Employees) Rules, 1984, he is ineligible to be appointed.
Although a rejoinder affidavit has been filed, but the averment made in para 12 of the counter affidavit is not specifically denied. Counsel for the petitioner, however, submits that on this aspect petitioner has not been given any opportunity and no orders have been passed by the competent authority.
In the event authorities found that petitioner's appointment is contrary to Rule 12 of the Rules of 1984, it was open for them to have given an opportunity of hearing to the petitioner and proceed to pass an appropriate order, in accordance with law. Merely withholding the salary, in such circumstances, would not be the correct course.
This writ petition, therefore, stands disposed of by permitting the third respondent to afford an opportunity of hearing to petitioner in the matter and pass an appropriate order in respect of his claim for payment of salary within a period of three months. All factual issues including the legality of appointment of the petitioner, in view of Rule 12 of the Rules of 1984, is left open to be examined by the third respondent, at the first instance.
Order Date :- 24.9.2021 Ranjeet Sahu