Allahabad High Court
Tejveer And Another vs State Of U.P. And 3 Others on 17 January, 2025
Author: Prakash Padia
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:8090 Court No. - 7 Case :- WRIT - A No. - 461 of 2025 Petitioner :- Tejveer And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-State.
2. The petitioners have preferred the present writ petition inter-alia with the following prayer:-
"i) to issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 20.10.2023 (Annexure No.3) passed by respondent no.3, Director, State Council for Education Research and Training, Lucknow;
i) to issue a writ, order or direction in the nature of Mandamus directing the respondent no.4 alongwith other authorities to consider the application/grievance dated 27.06.2024 and 20.09.2024 of petitioner no.1 and dated 25.06.2024 of petitioner no.2"
3. It is argued by learned counsel for the petitioners that earlier petitioners along-with 23 others have approached this Court by filing a petition being Writ A No.8652 of 2023, which was disposed of by this Court on 18.05.2023. The order dated 18.05.2023 reads as follows :-
"1. Heard Sri Alok Kumar Gupta, learned counsel for the petitioners and learned Standing Counsel representing the State-respondents.
2. The present writ petition has been filed by petitioners, belong to Vishistha B.T.C. Shikshak, 2004, seeking issuance of writ of mandamus commanding the opposite parties to pay remaining stipend to each candidates of VBTC 2004 i.e. Rs.20,000/- with interest immediately.
3. It is contended on behalf of learned counsel for the petitioners that some petitioners had earlier approached this Court by means of Writ Petition No.49574 of 2010. The writ petition was allowed observing as under:-
"Paragraph 3(12) of the Government Order dated 14.1.2004 is unambiguous and nothing to the contrary has been presented to the Court. In my view, the petitioners are entitled for stipend till they are appointed as Assistant Teachers in the Primary School, therefore, from May 2005 till December 2005 the petitioners are entitled for stipend of Rs.2,500/- per month in case there is nothing contrary in law against such entitlement.
Subject to the aforesaid, writ petition is allowed."
4. The aforesaid order was not complied with and a contempt application being Contempt Application (Civil) No.2584 of 2015 was filed which was disposed of by order dated 01.05.2015 requiring the opposite parties to comply with the directions of the writ court and intimate the order through self-addressed envelop within a week thereafter. It was also observed that in case opposite parties do not comply with the aforesaid directions, it would be open to the applicants to approach the Court again. When the direction of the writ court was not complied with yet again a contempt application being Contempt Application (Civil) No.3979 of 2015 was filed which was disposed of vide order dated 26.11.2018, granting liberty to the members of the Association who had not received their monies to raise their claim before the concerned authority and thereafter take appropriate recourse in accordance with law.
5. Some of the petitioners approached this Court by filing Writ-A No. 43629 of 2017 (Prem Narayan Chaurasia & 315 others vs. State of U.P. & 5 others) which was disposed of with the following direction:-
"In view of the above, a direction is issued upon the first respondent- Secretary, Basic Education, U.P., Lucknow, to issue necessary directions to the appropriate authorities for compliance of the order of this Court and the order of the Supreme Court, expeditiously within two months from the date of communication of the order. He shall send compliance report to the Registrar-General, who shall place it on the record of this Case.
With the above directions, the writ petition stands finally disposed of. No order as to costs.
Let a xerox copy of this order be supplied within 24 hours without payment of usual charges to Sri D.S. Rajput, learned standing counsel, who shall communicate the order to respondent no. 1 for compliance."
6. Learned counsel for the petitioners has also invited the attention of the Court to an order passed by the Special Appellate Bench in Special Appeal Defective No.532 of 2018 (Vandana Singh &17 others vs. State of U.P. & 4 others) wherein directions were issued to consider the case of the appellant/petitioners therein for payment of stipend from the date of training till the date of appointment, in view of the Clause 3(12) contained under the Government Order dated 14.01.2004 and as per the judgement passed in Writ-A No. 49574 of 2010, Special Appeal Defective No. 321 of 2015 as affirmed by the Supreme Court on 12.10.2015, within a period of one month.
7. Learned counsel for the petitioners contends that despite orders passed by the Courts of law from time to time, the petitioners stand deprived of the payment of the amount of stipend under the Government Order dated 14.01.2004.
8. Considering the submissions advanced by learned counsel for the petitioners, the Court is of the opinion that the matter as regards the payment of stipend to the petitioners can be better addressed by the Pracharya, District Institute of Education and Training, Saharanpur at the first instance.
9. Accordingly, the writ petition is disposed of by requiring the petitioners to move an appropriate representation clearly setting forth their claims for payment of stipend in terms of Clause 3(12) of the Government Order dated 14.01.2004 within a period of two weeks from today.
10. In the eventuality of such a representation being made within the time granted, it is expected that the Pracharya District Institute of Education Training, Saharanpur shall proceed to consider the same and pass appropriate orders after considering all aspects of the matter including various directions issued by the Apex Court as also this Court from time to time, expeditiously preferably within a period of two months from the date of receipt of the representation along with certified copy of this order."
4. It is argued by counsel for the petitioners that pursuant to the aforesaid decision has been taken by the respondent no.2 by order dated 20.10.2023 by which claim of 23 petitioners out of 25 was accepted. The claim of the present petitioners was rejected by him hence present writ petition. It is argued that the claim was rejected on the ground that petitioners are not entitled for stipend for certain period in absence of papers and documents available with the department. It is further argued that when the aforesaid order was received by the petitioners they have removed the discrepancies as pointed out in the order impugned and thereafter they submitted separately a fresh representation before the respondent no.2 on 20.09.2024 & 25.06.2024 but till date no decision has been taken on the same.
5. It is argued by learned Standing Counsel that in case petitioners will submit a fresh representation before the respondent no.3/competent authority, the competent authority will decide the same expeditiously.
6. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
7. In the facts and circumstances, petitioners are permitted to submit separately a fresh representation ventilating all their grievances before the respondent no.3-Director, State Council for Education Research and Training, Lucknow or before the competent authority along-with papers and documents on which they are placing reliance and along-with certified copy of this order within a period of three weeks from today. If such a representation is made, the respondent no.3/competent authority is directed to pass appropriate order strictly in accordance with law within a further period of six weeks.
8. With the aforesaid observations, present writ petition is disposed of finally.
Order Date :- 17.1.2025 Pramod Tripathi