High Court
Case Details
Court No. - 32 Case :- WRIT - A No. - 4095 of 2023 Petitioner :- Anoop Narayan Singh And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kedar Nath Mishra,Samarath Singh,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.
Legal Reasoning
Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri Kedar Nath Mishra, learned counsel for the respondents, learned Standing Counsel who appears for respondent nos. 1 ,2 and 3. In view of the order which is being proposed to be passed today, notice is not being issued to the respondent no. 4.
Decision
The case of the writ petitioners is that there is an institution by the name and the style of Mata Asthbhuji Laghu Madhyamik Vidyalaya, Salempur, District Deoria hereinafter referred to as the fourth respondent institution which is recognized under the provisions contained under the U.P. Basic Education Act 1973 and the provisions contained under the U.P. Recognized Basic School (Junior High Schools) Recruitment and Conditions of Service of Teacher Rules, 1978. It is the case of the writ petitioner that pursuant to the order of the Director Basic U.P., Allahabad dated 24.12.2021 in the fourth respondent institution as many as one post of Head Master, 13 post of Assistant Teacher, one post of Clerk and three post of Class-IV employee totaling to 18 post was sanctioned. It is being further pleaded that though there are 13 posts sanctioned of the Assistant Teacher in the fourth respondent institution but there are only five teachers appointed and the salary whereof is being paid to them. As there was immediate need of recruit of Assistant Teacher to fill up the short fall so an exercise was taken by the fourth respondent institution under the provisions of the rules itself seeking permission to make recruitment which was accorded approval on 07.04.2011 a copy whereof is already on record as annexure-3 at page 33 with certain conditions. In para 11 of the writ petition it is being further averred that consequent to the approval granted by the educational authorities advertisement was published in two widely circulated news papers namely Panchbhuj and Rashtriya Autar on 09.04.2011 and thereafter, a letter was also issued at the level of the fourth respondent institution for appointment of a nominee/observer on 20.04.2011, accordingly on 26.04.2011 an observer was appointed a copy whereof is already on record as annexure-4 at page 36 of the paper book. In para 15 of the writ petition it is being claimed that the interviews of the candidates was held on 01.05.2011 and thereafter, the writ petitioners claims themselves to be selected and accordingly, by virtue of the order dated 24.05.2011, approval was accorded by the third respondent, District Basic Education Officer, District Deoria a copy whereof is at page 38 of the paper book. In para 19 it has been further averred that appointment order were issued on 25.06.2011, 01.07.2011 and 04.07.2011 in favour of the writ petitioners which is annexure-6 commencing from page 40 and concluding on page 44 of the paper book. It is further claimed that the writ petitioners joined the post in question and they are performing their duties since the date of their appointment. In para 21 and 22 of the writ petition it has been averred that despite the fact that writ petitioners are discharging the duties post issuance of the appointment orders but they have not been paid salary in this regard and thus they represented the matter on 18.12.2011, 20.07.2015 and 15.10.2017. It is further claimed that the institution itself was also conscious about the fact that the writ petitioners were discharging the duties as Assistant Teacher but were not being paid salary so the fourth respondent institution represented the matter before the third respondent on 09.12.2020 a copy whereof is at page 60 of the paper book. It is further claimed that consequent to the issuance of the inter departmental letter dated 08.07.2022, the Block Development Officer, Salempur, Deoria submitted his report before the respondent no. 2 on 12.10.2022 making spot inspection of the fourth respondent institution wherein it was found that the writ petitioners were actually performing their duties as Assistant Teacher who are three in number along with the fourth person namely Vivekanand Pandey. In the reported dated 12.10.2022 it has also been mentioned at page 75 para 3 that the writ petitioners have been appointed pursuant to the approval granted by the second respondent. Prayer in the present petition is that a suitable direction be issued to the respondents herein for ensuring/releasing salary to the writ petitioners from the date of initial appointment. Learned Standing Counsel who appears for the respondents on the other hand has submitted that the issues with regard to the payment of the salary post approval order dated 24.05.2011 of the second respondent in the light of the performance of the duties as the Assistant Teachers pursuant to the report dated 12.10.2022 of the Block Development Officer, Salempur, Deoria addressed to the second respondent needs to be ascertained at the first instance by the second respondent, District Basic Education Officer, Deoria who has to delve into the said aspect of the matter and to determine the fact as to why the salary is not being paid to the writ petitioners who are three in number despite existence of the approval order and the report of the Block Education Officer, Deoria thus, no fruitful purpose will be solved in detaining the writ petition on board, however., according to him the writ petition be disposed off granting liberty to the writ petitioners to represent their cause before the second respondent in the light of the approval order dated 25.11.2011 as well as the report of the Block Education Officer, Salempur, District Deoria addressed to the second respondent dated 12.10.2022. Considering the rival submissions of the parties as well as the stand taken by the learned Standing Counsel, the writ petition is being disposed off granting liberty to the writ petitioners to prefer a comprehensive representation before the second respondent, District Basic Education Officer, Deoria accompanied with the self attested copy of the writ petition and other documents which the petitioners seeks to rely upon. On the receipt of the said representation, the second respondent shall accord consideration for the payment of salary to the writ petitioners who are three in number in the light of the approval order dated 24.05.2011 annexure-5 at page 38 of the writ petition as well as the report of the Block Education Officer, Salempur, Deoria addressed to the second respondent dated 12.10.2022 annexure-10 at page 73 within a period of three months from the date of production of certified copy of the order. Subject to the said observation, the writ petition stands disposed off. Needless to point out that this Court has not adjudicated on the merits of the matter as the representation has been decided an ex- parte version on the basis of the averments made in the writ petition. Order Date :- 2.3.2023 Nisha Digitally signed by :- NISHA KUMARI High Court of Judicature at Allahabad