High Court · 2025

Judge in Writ-A No. 17359 of 2023, whereby the writ petition has been dismissed with a cost of Rs. 50,000/- to be paid by each of the petitioners in the account of the District Legal Services Authority, Deoria.

2. The reason why the aforesaid order apparently came to be passed by the learned Single Judge is narrated in the order itself, which is extracted hereinafter: "1. This Court has passed following order in leading Writ A No. 5487/2025 :- "1. This bunch of writ petitions are arising out of a dispute in respect of Teachers in the institution namely Janak Laghu Madhyamik Vidyalaya, Manipur Pakadi, Dhanpurwa, Salempur, District-Deoria U.P.

2. Earlier, this matter was fixed for 12 P.M. and thereafter it was fixed for 2.30 P.M. and when this matter was taken up at 2.50.P.M. none appeared on behalf of petitioners though there are several advocates.

3. In the aforesaid circumstances, let this matter come up on 2.5.2025 along with Writ Petition Nos.20412 of 2023, 5391 of 2024, 8936 of 2024 as well as other connected matters at 12 P.M.

4. On the next date fixed all petitioners as well as Manger of Committee of Management shall remain present in person before this Court. In case of default, it will be considered that respective petitioner do not want to press their writ petition.

5. A cost of Rs.100/- is imposed on every petitioners to be deposited in the High Court Bar Association, Allahabad.

6. It will be the duty of counsel for respective petitioner to inform them about this order."

2. This writ petition was filed by petitioners (Assistant Teachers of concerned school) with a prayer to quash the order dated 17.05.2023 passed by respondent-4 as well as a direction be passed to respondents to pay their salary from State Exchequer in compliance of order dated 21.01.2020.

3. However, today despite above order, petitioners and their advocate are not present before this Court.

4. The Court takes note a recent report that concerned school is not functional or is functioning with one or two teachers with very minimum number of students. The Manager of Committee of Management of school has created problems as a result of which, number of writ petitions are filed.

5. In aforesaid circumstances, since petitioners as well as their advocate have not complied the order passed by this Court in leading writ petition as well as from perusal of impugned order whereby claim of petitioners was rejected, it appears that since their appointment were not in terms of due procedure and since no substantial material is brought on record to contradict findings returned in impugned order, therefore, this writ petition is dismissed with a cost of Rs. 50,000/- to be paid by each petitioner in the account of District Legal Services Authority, Deoria within a week who shall submit a report before this Court.

6. In case it is not deposited within aforesaid period, the Registrar General will initiate proceedings for recovery.

7. A copy of this order be supplied to petitioners on their given address.

8. Registrar (Compliance) to take steps. "

3. Since the parties had not appeared before the learned Single Judge pursuant to order passed by the Court on the previous occasion, as such, the cost was also imposed.

4. Ordinarily, we may not have interfered in the appeal as we find that the writ petition was dismissed only for the reason that the previous order of the Court directing the parties to remain present was not complied with, yet we do find reasons to interfere in the matter. The reason is that the grievance of the appellants has not been touched on merits. In the writ petition, an order passed by the Finance and Account Officer, office of Basic Education Officer, Deoria, dated 17.05.2023 was assailed. This order was passed pursuant to an order passed by this Court in Writ Petition No. 21090 of 2022, whereby the writ petition was disposed of with a direction to the Finance and Account Officer, office of Basic Education Officer, Deoria to examine the claim of the petitioners in respect of payment of salary. The appointment of the writ petitioners was otherwise approved. Consequent upon such direction, the Finance and Account Officer held that the competent authority to pass appropriate order in the matter is the District Basic Education Officer and not the Finance and Account Officer. It was this order which was assailed before the learned Single Judge.

5. In our view if the matter was placed before an authority not competent to deal with the issue, the only direction which could have been and which should have been issued was to remit the matter to the appropriate authority. The writ petition had otherwise remained pending since 2023.

6. We find that the grievance of the appellant was liable to be examined by the competent authority and the limited relief prayed for in the writ, merited consideration. The orders passed by the learned Single Judge requiring the presence of the parties or their counsel or dismissal of the writ petition, with cost of Rs. 50,000/- upon each of the petitioners, cannot be sustained.

7. In that view of the matter, the order passed by the learned Single Judge dated 02.05.2025 is set aside. Writ-A No. 17359 of 2023 is allowed and the order of the Finance and Account Officer dated

17.05.2023 is set aside. The matter is remitted to the competent authority i.e. District Basic Education Officer, Deoria, for examining the appellants' grievance and for passing appropriate orders in accordance with law after hearing the parties concerned.

8. We make it clear that we have not adjudicated the entitlement of appellants on merit and all issues of fact and law are left open for examination at the level of the authority competent. Order Date :- 26.5.2025 K.Tiwari KRISHNA KANT TIWARI High Court of Judicature at Allahabad

Judge in Writ-A No. 17359 of 2023, whereby the writ petition has been dismissed with a cost of Rs. 50,000/- to be paid by each of the petitioners in the account of the District Legal Services Authority, Deoria.

2. The reason why the aforesaid order apparently came to be passed by the learned Single Judge is narrated in the order itself, which is extracted hereinafter: "1. This Court has passed following order in leading Writ A No. 5487/2025 :- "1. This bunch of writ petitions are arising out of a dispute in respect of Teachers in the institution namely Janak Laghu Madhyamik Vidyalaya, Manipur Pakadi, Dhanpurwa, Salempur, District-Deoria U.P.

2. Earlier, this matter was fixed for 12 P.M. and thereafter it was fixed for 2.30 P.M. and when this matter was taken up at 2.50.P.M. none appeared on behalf of petitioners though there are several advocates.

3. In the aforesaid circumstances, let this matter come up on 2.5.2025 along with Writ Petition Nos.20412 of 2023, 5391 of 2024, 8936 of 2024 as well as other connected matters at 12 P.M.

4. On the next date fixed all petitioners as well as Manger of Committee of Management shall remain present in person before this Court. In case of default, it will be considered that respective petitioner do not want to press their writ petition.

5. A cost of Rs.100/- is imposed on every petitioners to be deposited in the High Court Bar Association, Allahabad.

6. It will be the duty of counsel for respective petitioner to inform them about this order."

2. This writ petition was filed by petitioners (Assistant Teachers of concerned school) with a prayer to quash the order dated 17.05.2023 passed by respondent-4 as well as a direction be passed to respondents to pay their salary from State Exchequer in compliance of order dated 21.01.2020.

3. However, today despite above order, petitioners and their advocate are not present before this Court.

4. The Court takes note a recent report that concerned school is not functional or is functioning with one or two teachers with very minimum number of students. The Manager of Committee of Management of school has created problems as a result of which, number of writ petitions are filed.

5. In aforesaid circumstances, since petitioners as well as their advocate have not complied the order passed by this Court in leading writ petition as well as from perusal of impugned order whereby claim of petitioners was rejected, it appears that since their appointment were not in terms of due procedure and since no substantial material is brought on record to contradict findings returned in impugned order, therefore, this writ petition is dismissed with a cost of Rs. 50,000/- to be paid by each petitioner in the account of District Legal Services Authority, Deoria within a week who shall submit a report before this Court.

6. In case it is not deposited within aforesaid period, the Registrar General will initiate proceedings for recovery.

7. A copy of this order be supplied to petitioners on their given address.

8. Registrar (Compliance) to take steps. "

3. Since the parties had not appeared before the learned Single Judge pursuant to order passed by the Court on the previous occasion, as such, the cost was also imposed.

4. Ordinarily, we may not have interfered in the appeal as we find that the writ petition was dismissed only for the reason that the previous order of the Court directing the parties to remain present was not complied with, yet we do find reasons to interfere in the matter. The reason is that the grievance of the appellants has not been touched on merits. In the writ petition, an order passed by the Finance and Account Officer, office of Basic Education Officer, Deoria, dated 17.05.2023 was assailed. This order was passed pursuant to an order passed by this Court in Writ Petition No. 21090 of 2022, whereby the writ petition was disposed of with a direction to the Finance and Account Officer, office of Basic Education Officer, Deoria to examine the claim of the petitioners in respect of payment of salary. The appointment of the writ petitioners was otherwise approved. Consequent upon such direction, the Finance and Account Officer held that the competent authority to pass appropriate order in the matter is the District Basic Education Officer and not the Finance and Account Officer. It was this order which was assailed before the learned Single Judge.

5. In our view if the matter was placed before an authority not competent to deal with the issue, the only direction which could have been and which should have been issued was to remit the matter to the appropriate authority. The writ petition had otherwise remained pending since 2023.

6. We find that the grievance of the appellant was liable to be examined by the competent authority and the limited relief prayed for in the writ, merited consideration. The orders passed by the learned Single Judge requiring the presence of the parties or their counsel or dismissal of the writ petition, with cost of Rs. 50,000/- upon each of the petitioners, cannot be sustained.

7. In that view of the matter, the order passed by the learned Single Judge dated 02.05.2025 is set aside. Writ-A No. 17359 of 2023 is allowed and the order of the Finance and Account Officer dated

17.05.2023 is set aside. The matter is remitted to the competent authority i.e. District Basic Education Officer, Deoria, for examining the appellants' grievance and for passing appropriate orders in accordance with law after hearing the parties concerned.

8. We make it clear that we have not adjudicated the entitlement of appellants on merit and all issues of fact and law are left open for examination at the level of the authority competent. Order Date :- 26.5.2025 K.Tiwari KRISHNA KANT TIWARI High Court of Judicature at Allahabad