Court No. - 7
Case :- WRIT - A No. - 14144 of 2018 Petitioner :- Vipin Kumar Verma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vimal Chandra Mishra Counsel for Respondent :- C.S.C.,Ashok Kumar Verma
Hon'ble Dinesh Kumar Singh,J.
The present petition has been filed for the following reliefs:-
"(i) issue a writ order or direction in the nature of mandamus directing the respondent no. 1 to consider for taking the institution in question i.e. Akash Prathmik Vidyalaya Sarju Patti Handia Allahahad into grant in aid list consequently release the salary of petitioner as Assistant Teacher of the institution.
(ii) issue a writ order or direction in the nature of mandamus directing the respondents to pay the arrears of salary and further salary as and when it false due to the petitioner working in the said institution.
(iii) issue any other.....
(iv) to award "
The petitioner having qualification of B.A. B.Ed was appointed on 30th June, 2012 in Akash Prathmik Vidyalaya Sarju Patti Handia Allahahad (hereinafter referred to as "Vidyalaya") on the post of Assistant Teacher by the Committee of Management of the Vidyalaya. The Vidyalaya is being run by the self-finance scheme and from its own resources salary is being paid to the petitioner.
Learned counsel for the petitioner submits that the Vidyalaya is eligible for giving grant-in-aid by the respondents. However, grant-in-aid has not been granted to the Vidyalaya. The learned counsel further submits that in absence of grant-in-aid, the petitioner is not being paid his full salary, which violates his right and, therefore, he has approached this Court by way of filing this writ petition for issuance of a direction to the respondents concerned for taking the Vidyalaya in grant-in-aid.
I have considered the arguments advanced by the learned counsel for the petitioner as well as Shri J.S. Tomar, learned Standing Counsel appearing for respondent nos. 1 and 2.
This petition on behalf of the petitioner, who is an Assistant Teacher in the Vidyalaya, is not maintainable. Grant in aid is given on an application moved by the Committee of Management of the Vidyalaya/institution, if it fulfils the eligibility criteria, as per the scheme of the State Government. There are no pleadings in the writ petition that in what manner and how the Vidyalaya fulfilled the eligibility criteria and why grant in aid has not been granted to it.
Further, if the Committee of Management of the Vidyalaya has not been forwarded for grant-in-aid, the petitioner has no say in the matter. Therefore, he has no locus to maintain this petition.
In absence of any pleading and also on the question of locus, this writ petition lacks merit and is not maintainable. The petition is, thus, dismissed.
Order Date :- 24.8.2018 MVS Chauhan/-