✦ High Court of India · 23 Sep 2025

Balwanta Prasad v. Counsel for

Case Details High Court of India · 23 Sep 2025

Court

High Court of India

Decided

23 Sep 2025

Bench

MANJU RANI CHAUHAN

Length

1,286 words

Srivastava Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J.

1. Counter affidavit filed by learned counsel for the respondent nos.4 and 5 today in the Court, is taken on record.

2. Heard learned counsel for the petitioner, Mr. Shailendra Singh, learned Standing Counsel for the State-respondents, Mr. R. C. Maurya, learned counsel for the respondent nos.4 & 5 and perused the records.

3. The present writ petition has been filed inter-alia for the following reliefs:- "i. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.2 to pass appropriate order in accordance with law on the representation dated

18.03.2025 filed in accordance with the Government Order dated 10.08.2001. ii. Issue a writ, order or direction in the nature of Mandamus directing the respondent no.4 to release the arrears of the salary of the petitioner from 04.03.2003 to

31.03.2024 with interest. iii. Issue any other and further suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iv. Award the cost of the petition in favour of the petitioner."

4. Brief facts of the case are that the petitioner was appointed as a Peon in the institution, namely, Guru Ravidas Vidyalaya Junior High School, Seergovardhanpur, Vikas Khand, Kashi Vidyapeeth, Tehsil Sadar, 2 WRIA No. 10553 of 2025 District Varanasi. This institution is recognized up to the Junior High School level and is an unaided institution imparting education up to Class XII. The petitioner submitted an application to respondent no.4 on

16.07.2003 for the post of Peon on the basis of an advertisement dated

24.04.2003. The petitioner was directed to appear before respondent no.4 on 24.07.2003 at 10:00 hours for consideration of his appointment. On the recommendation of respondent no.3 dated 12.09.2003, the petitioner was appointed to the post of Peon in the institution of respondent no.3, and approval for his appointment was granted by respondent no.2. The petitioner joined his duties on 22.09.2003. Subsequently, as the petitioner was not permitted to work in the institution and was not allowed to sign the attendance register, he moved a representation dated 16.10.2024 before the District Magistrate to address his grievance. Additionally, an application was also submitted to the District Inspector of Schools, but nothing has been done.

5. Learned counsel for the petitioner submits that the petitioner is entitled to work in the institution in view of the Government Order dated

10.08.2001. Therefore, a direction may be issued to the authorities to decide the petitioner's representation.

6. On the other hand, in paragraph 11 of the counter affidavit filed on behalf of the respondent nos.4&5, it is stated that the institution in question is a non-aided institution and the petitioner was never appointed as a Peon. Moreover, the petitioner himself admitted that he is working as a Stamp Vendor and doing typing work at the District Court, Varanasi. He only signed the attendance register at the institution. Furthermore, according to the appointment letter dated 30.09.2003, the petitioner was appointed only for a period of one year.

7. The Government Order as relied upon by the learned counsel for the petitioner is not applicable to the facts of the present case.

8. Sri Guru Ravidas Junior High School, Sir Govardhanpur, BHU, Varanasi, is a temporarily recognized, non-aided school. By an order dated 30.08.1981, the District Basic Education Officer, Varanasi, granted the school 'B' category (temporary) recognition for the academic year 3 WRIA No. 10553 of 2025 1981-82, which was valid until June 1982. The school operates at the Junior High School level and is governed by the U.P. Recognized Basic School (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978, as well as the provisions of the U.P. Recognized Basic School (Junior High School) (Recruitment and Conditions of Service of Ministerial Staff and Group 'D' Employees) Act, 1984.

9. The selection of the petitioner for appointment to the post of Attendant was approved by the District Basic Education Officer, Varanasi, vide its letter dated 12.09.2003. Subsequently, by a letter dated 20.09.2003 of the institution's manager, Shri Guru Ravidas Junior High School, Sir Govardhanpur, BHU, Varanasi, Balwanta Prasad (petitioner) was appointed to the post of Attendant (Class-IV) on a probation period of one year. Accordingly, the petitioner took charge of the said post on

22.09.2003.

10. The petitioner, through his application dated 16.07.2004, submitted a request to the Institution Manager, in which he mentioned as follows: "िव्यालय के कायरॏ का मािसक पािर्शिमक भुगतान मा्ऴ २०००/- (दो हज़ार मा्ऴ ) रुपए िनधार्िरत िकया गया है जो ्ऺाथर् के िलए उ्व भुगतान बहुत कम है , जबिक ्ऺाथर् पूवर् से ही कचहरी में स्टाम्प वेंडर और टाइिपग कायर् करके आवश्यकता अनुरूप जीवन-यापन कर रहा है। िव्यालय कायर् अविध में ्ऺाथर् का पूवर् ्िवसाय बािधत होगा और जीवन-यापन में अत्यिधक किठनाई का सामना करना पड़ेगा। ऐसी सूरत में ्ऺाथर् के स्थान पर िवकल्प रूप में िकसी अन्य ्िि्व से िव्यालय का कायर् करा लेना उिचत होगा। परंतु ्ऺाथर् की उपिस्थित िव्यालय में कायम रखने हेतु उपिस्थित पंिजका पर ्ऺत्येक कायर् िदवस में हस्ता्षर करने की अनुमित ्ऺदान करने की कृ पा करे। तािक भिवष्य में िव्यालय को शासकीय अनुदान की माँग में अनवरत कायर्रत के रूप में ्ऺाथर् को सिम्मिलत रखा जा सके । ्ऺाथर् िव्यालय में अपनी उपिस्थित के आधार पर कभी िकसी अिधकारी व िवभाग में वेतन आिद की अन्य कोई माँग नहीं करने का स्वेच्छा से वचनब्ध रहेगा।"

11. From the above, it is clear that the Institution Manager, the Headmaster, and the petitioner have conspired with each other to have the petitioner sign the attendance register, despite the fact that he was not present in the school. The petitioner stopped working in the school on

16.07.2004. Despite the petitioner not working, salary/honorarium was still being demanded. For the payment of salary/honorarium, Writ Petition 4 WRIA No. 10553 of 2025 No. 10553 of 2025 (Balwanta Prasad vs. State of U.P. & Others) was filed before this Court, in which on 29.07.2025, the Co-ordinate Bench of this Court passed the following order:- ".....Learned Standing Counsel appears for respondent nos. 1, 2 & 3. Issue notice to Respondent Nos. 4 & 5 returnable at an early date. Four weeks' time is granted to file counter affidavit. Put this case on 22.08.2025 as fresh......."

12. Subsequently, on 22.08.2025, the Co-ordinate Bench of this Court passed the following order:- ".....As per the office report dated 21.08.2025, notice upon Respondent Nos. 4 & 5 is sufficient. Mr. Shailendra Singh, learned Standing Counsel prays for and is granted ten days' further time to comply with the earlier order of this Court dated 29.07.2025. Put up this case on 02.09.2025, as fresh. In case of non compliance, the respondent no.3- District Basic Education Officer, Varanasi shall remain present before this Court....."

13. From the above, it is clear that the Manager of the institution, the Headmaster, and the petitioner have colluded with each other to have the petitioner sign the attendance register, despite his absence from the school. In reality, the petitioner was neither present nor worked at the school. The salary/honorarium of teachers and non-teaching staff working in non-aided schools is paid by the institution from its own resources. Therefore, the relief sought by the petitioner cannot be granted.

14. In view of the above, the writ petition lacks merits and is hereby dismissed. September 23, 2025 Jitendra/- (Mrs. Manju Rani Chauhan,J.) JITENDRA KUMAR YADAV High Court of Judicature at Allahabad