Allahabad High Court
C/M Kisan Mazdoor Uchchattar Madhyamik ... vs State Of U.P. And Others on 25 April, 2023
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 9 Case :- WRIT - C No. - 15202 of 2001 Petitioner :- C/M Kisan Mazdoor Uchchattar Madhyamik Vidyalaya And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- G.K.Singh,A.P.Sahi,Chandra Shekhar Rai,Dimlesh Rai,Sanjay Kumar Ray,Seemant Singh,V.K. Singh,Vikas Goswami,Vivek Rai Counsel for Respondent :- C.S.C.,Jaswant Rai,Kalp Nath Rai Hon'ble Alok Mathur,J.
1. Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Jaswant Rai, learned counsel appearing for petitioner nos. 3 to 23 as well as learned Standing Counsel for the respondents.
2. It has been submitted by learned counsel for the petitioners that initially present writ petition was preferred by the Committee of Management, Kisan Mazdoor Uchchattar Madhamik Vidyalaya, Ghazipur assailing order dated 28.03.2001, passed by the Authorised Controller/District Inspector of Schools, Ghazipur, thereby he taken charge of the management of the said Institution.
3. Learned counsel for the petitioners has informed this Court that during pendency of present writ petition, prayer made by the Committee of Management has been rendered infructuous as subsequently, elections have been held and elected Committee of Management is now controlling the affairs of the Instutition.
4. It is next submitted by learned counsel for the petitioners that the petitioners had infact filed Writ Petition No. 42149 of 2009 (V.K. Rai and Others Vs. State of U.P. and Others), same was dismissed by this Court by means of order dated 18.12.2009, with liberty to the petitioners to seek impleadment application in the present writ petition. In compliance of order of this Court dated 18.12.2009, an impleadment application was filed and the petitioners were impleaded in the present writ petition as petitioner nos. 3 to 23. The petitioners have also amended the prayer clause seeking direction to the respondents to pay salary and arrears of salary to the petitioners from November, 1999 till the date they start paying salary regularly.
5. It is further submitted by learned counsel for the petitioners that salary to the petitioners for the aforesaid period has not been paid despite repeated representations being given to the respondents in this regard and consequently, suitable direction has been sought from this Court to the respondents in this regard.
6. Learned counsel for the petitioners after arguing the matter up to some length submits that grievance of the petitioners shall be substantially redressed in case respondent no. 3 - Joint Director of Education is directed to consider and decide petitioners representation with regard to grievance raised by them in the present writ petition, expeditiously.
7. Learned Standing Counsel has no objection in case suitable direction is issued to respondent no. 3 to consider and decide petitioners representation.
8. Accordingly, present writ petition is disposed of with liberty to the petitioners to move fresh representation before respondent no. 3 raising their grievance within a period of two weeks from today. In case such representation is made by the petitioners, respondent no. 3 is directed to proceed to consider and decide the same expeditiously, say within a period of two months from the date of receipt of representation in accordance with law by means of reasoned and speaking order and communicate the decision to the petitioners.
9. In case petitioners are found to be entitled for any amount, same shall be calculated and disbursed to them within four weeks from the date of passing of the order on the representation.
Order Date :- 25.4.2023 A. Verma (Alok Mathur, J.)