Allahabad High Court
Pramod Kumar Singh And Others vs State Of U.P. And Others on 20 August, 2019
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 4108 of 2009 Petitioner :- Pramod Kumar Singh And Others Respondent :- State Of U.P. And Others Counsel for Petitioner :- P.K. Upadhyaya Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned standing counsel for the respondents.
Vide order dated 07.04.2009, time was granted to the respondents to file counter affidavit, but till date no counter affidavit has been filed.
Learned counsel for the petitioners submitted that respondent No. 4 may be directed to consider the grievance of petitioner and pass appropriate order.
It is submitted by learned counsel for the petitioners that there is an educational institution in the name of Sri Laxmi Shankar Yadav Purva Madhyamik Vidyalaya, Barot Sarai-Mohiunddinpur, Jaunpur (hereinafter referred to as 'Institution') which is a recognized Basic Junior High School under the provisions of U.P. Basic Education Act, 1972 and U.P. Recognized Basic Schools (Junior High School) (Recruitment and Conditions of Service of Teachers) Rules, 1978 (hereinafter referred to as 'Rules, 1978') is fully applicable. The said Institution is also under grant-in-aid by the State Government, therefore, U.P. Junior High School (Payment of Salaries of Teachers & others Employees) Act, 1978 is also applicable. It is next submitted that three vacancies for the post of Assistant Teachers were advertised in widely circulated two news papers on 11.11.2003 and advertisement was made after prior permission of District Basic Education Officer. Pursuant to the advertisement, petitioners along with other candidates applied for the post of Assistant Teachers and for selection, a Selection Committee was also constituted under Rule 3 of Rules, 1978. It is further submitted that respondent No. 4 has also nominated one member of Selection Committee vide order dated 20.11.2003. Interview was held on 26.11.2003 and petitioners were found eligible amongst other candidates obtaining highest quality mark and Selection Committee recommended the name of petitioners to respondent No. 5 under section 10(3) of Rules, 1978. Respondent No. 5 sent papers regarding selection to the respondent No. 4 for approval and respondent No. 4 has granted approval vide order dated 08.12.2003 and accordingly, appointment letter dated 10.12.2003 was issued to petitioners. After receiving appointment letters, petitioners had submitted their joining on 16.12.2003. After joining, they are performing their duties and also started getting salary from the month of December, 2003 which was paid them up to March, 2004 without any break, but it was stopped by respondent authorities illegally from the month of April, 2004 onwards while petitioners are also discharging their duties as Assistant Teachers. It is further submitted that for redressal of their grievances, they have moved representation dated 09.12.2004 before respondent No. 4 and thereafter sent several reminders, but till date no decision has been taken by respondent No. 4. Lastly, it is submitted that a suitable direction may be issued to respondent No. 4 to consider the representation of the petitioners dated 09.12.2004 and decide the same.
Learned standing counsel submitted that representation of the petitioners dated 09.12.2004 shall be considered and decided strictly in accordance with law.
Considering the facts and circumstances of the case, this writ petition is disposed of with direction to the respondent no. 4 to consider the representation of the petitioner and take decision strictly in accordance with law within three month from the date of production of certified copy of this order. Petitioners are directed to annex photocopy of the representation dated 09.12.2004 alongwith certified copy of this order before the respondent no. 4.
It is made clear that this Court has not adjudicated the case on merit. It is upon the respondent no. 4 to pass order after considering the relevant documents as well as rule occupying the field.
Order Date :- 20.8.2019 Sartaj