Court No. - 58
Case :- WRIT - A No. - 22863 of 2018 Petitioner :- Yadvesh Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition questions a Government Order dated 7.8.2018 whereby an enquiry has been instituted in the matter of 103 cases where appointments have been made by the Committee of Management under Section 16-E(11) of the U.P. Intermediate Education Act, 1921 against substantive vacancies. Awaiting such enquiry to be conducted within two months, the payment of salary to such teachers has been stopped.
It is not in issue that petitioner was appointed against substantive vacancy. This Court in Writ Petition No.9003 of 2018 (Dhrub Raj Barnwal and others vs. State of U.P. and others) has dealt with relevant provisions of law to return a finding that no appointment can be made under section 16- E(11) of the Act by the Committee of Management where the vacancy itself is substantive. The denial of payment of salary prima facie does not appear to be unjustified.
In such circumstances, if salary has been stopped while conducting an enquiry, no interference is warranted.
Writ petition is, accordingly, dismissed.
Order Date :- 31.10.2018 Ashok Kr.