Allahabad High Court
Smt. Shail Prabha Misra, Wife Of Late ... vs State Of Uttar Pradesh And Ors. on 19 April, 2007
Author: Rakesh Sharma
Bench: Rakesh Sharma
JUDGMENT Rakesh Sharma, J.
1. Heard Sri A.K. Dwivedi, learned Counsel for the petitioner and learned Standing Counsel appearing for opposite party Nos. 1 to 5.
2. In this case, the petitioner, a widow of Late Sri Krishna Behari Misra, Principal of Acharya R.N. Kela Inter College, Najibabad, District-Bijnor (hereinafter referred to as the institution) who had died in harness on 19th May, 1988 in the premises of the institution, had approached the management of the institution and concerned authorities for allowing arrears of salary to Sri Misra who had worked as officiating Principal of the institution from 16 October, 1982 to 19th May, 1988.
3. This writ petition was filed in this Court in the year 1990 and thus about 17 years have passed and no counter affidavit has been filed. The case has come for admission/hearing today i.e. alter more than 16 years and it appears that counter affidavit has not yet been filed. Learned Standing Counsel has requested some more time to file counter affidavit. A perusal of the order sheet reveals that the case was listed on several occasions but counter affidavit has not been filed.
4. It is a pathetic case where a widow is seeking pecuniary relief from this Court under Article 226 of the Constitution of India for the last about 17 years but no counter affidavit has been filed. In the absence of counter affidavit, this Court may proceed on the basis of assertions made in the writ petition which remain un-controverted till date in view of the principles of law laid down by Hon'ble Supreme Court reported in:
1 - Choksi Tubes Co. Ltd. v. Union of India and 2 - Nasim Bano v. State of U.P. and Ors.
5. Accordingly, the court is proceeding with the matter.
6. It emerges from the record that at the relevant time the petitioner's husband Late Sri Krishna Behari Misra was working as Headmaster of High school but later on the college was upgraded on 16.10.1982 as an Intermediate college after receiving due recognition. The petitioner's husband who was working as a Headmaster of the High school in pay scale of 770-1600 was asked to look after the work of Principal. A formal order was passed by the Management to allow Sri Misra to continue to officiate as Principal of the institution. He was possessing M.A. and B.T. Qualification. A detailed proposal resolution was, sent to the Dy. Director of Education, Moradabad seeking approval for the same.
7. It appears from the record that the Dy. Director of Education did not respond to the proposal resolution submitted by the Management of the institution. There is nothing on record to show whether the Dy. Director of Education or other concerned authorities had refused to accord the sanction. However, petitioner's husband continued to discharge all the duties, functions and responsibilities of the post of Principal of the institution. The committee of management submitted several letters to the authorities enclosing resolutions of committee of management for according sanction for formal continuance of Sri Krishna Behari Misra as Principal of the institution. However, awaiting formal sanction, the petitioner's husband Sri Krishna Behari Misra had died in the premises of the institution on 19.5.1988 leaving behind a widow, Smt. Shail Prabha Misra and three children (two of them were minors). When nothing was done by the respondents and the management in making payment of salary admissible to Sri Krishna Behari Misra who had worked as officiating Principal of the institution, the petitioner had to enter the portals of this Court by filing the present writ petition seeking payment of difference of salary and other monetary benefits admissible to the legal heirs of Late Sri Krishna Behari Misra. The widow and children of a Principal of an Intermediate College are suffering due the lethargy and inaction on the part of the respondents till date. It has been brought to the notice of the respondents several times but no action has been taken by the District Inspector of Schools, Binjor or by the Regional Dy. Director of Education regarding the status of the reference recommendation sent by the management of the institution for making available benefits to the teacher or his family.
8. In view of above, the opposite parties Nos. 3 to 5 are directed to call for the records from institution regarding employment of Late Krishna Behari Misra and after looking into the matter pass appropriate orders on the proposal submitted by the committee of management of the afore-mentioned institution. If the petitioner's husband had worked as Principal of the institution from 16.10.1982 to 29.5.1988 and had discharged all the duties and functions and responsibilities of the Principal during the aforesaid period, his legal heirs, petitioner etc. shall be paid full salary in the scale meant for the post of Principal and the petitioner shall also be paid arrears of salary and all the consequential benefits accruing as a result thereof. The above decision shall be taken within a period of 3 months from the date a certified copy of this order is produced before the concerned Dy. Director of Education, Regional Director of Education and District Inspector of Schools, Binjor and the committee of management.
9. With the above observations, the writ petition is disposed of.