High Court
Case Details
Court No. - 32 Case :- WRIT - A No. - 891 of 2023 Petitioner :- Kunti Rajput Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C,Shashi Kant Verma Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Siddharth Khare, for petitioner, learned Standing Counsel for respondents 1 and 2 and Sri Shashi Kant Verma, learned counsel who appears for respondents 3 and 4.
Decision
The case of the writ petitioner is that she has passed Bachelor of Education Examination for the academic session 2004-05 from Dr. B.R. Ambedkar University, Agra as a student of Dr. Islam Majid Teacher Training College, Bhagain, District Etah. In para 4 of the writ petition it has been averred that the writ petitioner was allotted Roll No.5216084 and necessary averments have been made according to which the writ petitioner was issued a admit card by the Dr. B.R. Ambedkar University, Agra (hereinafter referred to as University) for counseling which was scheduled to be held on 30.10.2004 on the basis of result of B.Ed. entrance examination referable to the session 2004-05. It has been further averred that an allotment letter was issued and the writ petitioner appeared in the counseling conducted on 12.1.2005 depicting that testimonials of writ petition were genuine. It is being further averred that the petitioner also deposited the registration fee and despite allotment of the institution in the name of the petitioner the same did not find mention in the attendance register, faced with these circumstances, the writ petitioner had no option but to prefer the writ petition no. 64475 of 2005, Kunti Rajput Vs.Dr. Islam Majid Teacher Training College and two other which ultimately came to be disposed off on 6.10.2005 with a direction to the third respondent in the said writ petition to consider the claim of the petitioner and pass a detailed and reasoned order. According to the writ petitioner the University in question proceeded to pass an orders dated 31.12.2005 and 25.7.2006. It is the case of the writ petitioner that the petitioner applied for admission to Special B.T.C. Training Course in the year 2007 pursuant whereto she was admitted and after successfully completing the her Special B.T.C. Training Course in the year 2007 the petitioner was accorded appointment on the post of Assistant Teacher in primary school of District Farrukhabad on 12.2.2009. In para 6 of the writ petition it has been further pleaded that the writ petitioner was granted promotion to the post of Assistant Teacher of a Junior High School run by the Board of Basic Education, Farrukhabad. Records reveal that the writ petitioner services were dispensed with on 21.10.2019 on the basis of the report submitted by the Special Investigation Team with regard to B.Ed. Degree of the year 2004-05 which the petitioner claim to have obtained from the University in question. Petitioner being aggrieved against the order dated 21.10.2019 terminating her services preferred Writ-A No.17673 of 2019 (Kunti Rajput Vs. State of U.P. & others) in which on 7.11.2019 an interim protection was accorded whereby the order dated 21.10.2019 was stayed. The case of the petitioner is that on strength of the interim order so accorded by this court in the above noted writ petition the petitioner continued in services and ultimately by virtue of an order dated 29.4.2020 the writ petition preferred by the writ petitioner came to be disposed off in terms of the judgement and order dated 29.4.2020 in the case of Smt.Neelam Chauhan Vs.State of U.P. reported in 2020 (4) ADJ 560 (Alld.). It is the further case of the writ petitioner that the writ petitioner continued to function as the Assistant Teacher of the Junior High School in question. Sri Khare had also produced before this court the order dated 26.2.2021 passed in Special Appeal No.326 of 2020, Kiran Lata Singh Vs. State of U.P. against the judgement of the learned Single Judge dated 29.4.2020 in the case of Smt.Neelam Chauhan (Supra) so as to contend that in the said special appeal was disposed off with certain directions. He has also produced before this court the order dated 27.8.2021 passed in Special Leave to Appeal (C) No.(s) 12706-12718/2021, so as to further contend that the Hon'be Supreme Court in the case of Sangeeta Yadav and others Vs. State of U.P. which is against the order of the learned Division Bench as well as of the learned Single Judge has stayed the effect and the operation of the judgement and order of the learned Single Judge as well as the Division Bench in so far as it directed to pay current salary to petitioner. He has further invited the attention of the court towards annexure -11 at page 48 of the paper book which happens to be the communication of the fourth respondent B.S.A. Farrukhabad addressed to the second respondents wherein the case of the petitioner was dealt with seeking clarifications. He has also drawn the attention of the court towards page 55 of the paper book which is another communication dated 29.7.2022 of the fourth respondent addressed to the third respondent whereby it has been observed that the testimonial of the writ petitioner are genuine and they are not under any cloud. Submission of the Sri Khare is that once the respondent themselves have conducted investigation into the testimonial of the writ petitioner and found nothing adverse against him, then there is no occasion for the respondents to have deprived the writ petitioner with regard to the payment of arrears of salary since April, 2020 and current salary. Sri Shashi Kant Verma for respondents no. 3 and 4 has produced a communication dated 17.1.2013 under the seeking of third respondent Secretary Board of U.P., Prayagraj addressed to the fourth respondent Basic Shiksha Adhikari, Farrukhabad according to which the investigation/inquiry with regard to the testimonial of the writ petitioner for B.Ed. academic session 2004-05 is going on an the report of which is awaited for taking final decision. I have heard learned counsel for the parties and perused the record carefully. It is not in dispute that the writ petitioner's services were dispensed with on 21.10.2019, a writ petition was preferred by him, Writ A No.17673 of 2019 in which an interim order was accorded to him on 7.11.2019, the writ petition was eventually disposed off on 29.4.2020 in terms of the judgement and the order dated 29.4.2020 passed in Writ A No.190 of 2020 wherein certain directions were issued by the learned Single Judge. An intra-court appeal was also preferred, Special Appeal No.326 of 2020, Kiran Lata Singh Vs. State of U.P. through Secretary, Department of Basic Education and others along with connected special appeals which came to be decided on 26.2.2021 against which a Special Leave to Appeal (C) No.(s)12705-12718/2021, Sangeeta Yadav Etc. Vs. State of U.P. and others was preferred by the Hon'ble Apex Court in which on 27.8.2021 the effect and operation of the judgement of the learned Single Judge as well as of the Division Bench of this court was stayed in so far as if directed the payment of the current salary to the petitioner therein. A communication dated 27.7.2022 issued under the signature of fourth respondent, Basic Shiksha Adhikari, Farrukhabad addressed to the third respondent Secretary Board of U.P., Prayagraj has been annexed depicting that the testimonials of the writ petitioner was found to be genuine but looking into the fact that since no final decision has been taken by the respondents with regard to the payment of salary thus in the fitness of the matter in the opinion of the court the third respondent, Secretary Board of U.P., Prayagraj is to take a final call while passing an appropriate order in that regard. Consequently, the writ petition is disposed off with a direction to the third respondent Secretary Board of U.P., Prayagraj to accord consideration with regard to the testimonial of the writ petitioner for the payment of salary on the post of Assistant Teacher within a period of two months from the date of production of certified copy of this order. With the aforesaid observations, the writ petition is disposed off. Passing of the order may not be construed that this court has gone into the merits of the case. Order Date :- 9.2.2023 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad