Allahabad High Court
Hari Ram Pandey & Others vs State Of U.P. & Others on 19 July, 2010
Author: Amreshwar Pratap Sahi
Bench: Amreshwar Pratap Sahi
Court No. - 30 Case :- WRIT - A No. - 51543 of 2008 Petitioner :- Hari Ram Pandey & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Akhileshwar Mishra Respondent Counsel :- C.S.C.,V.B. Mishra Hon'ble Amreshwar Pratap Sahi,J.
The petitioners' claim to be the validly appointed teachers of a Sanskrit School of the level of Madhyama. They contend that their appointment has been duly approved by the Vice Chancellor, Sampurna Nand Sanshkrit University and it has been verified by the District Inspector of Schools. The petitioners further contend that they had received salary prior to 2001 but after 2001 their salary has been stopped for no valid reason.
A counter affidavit has been filed by Sri Udai Prakash Mishra, Associate District Inspector of Schools, Varanasi on behalf of the respondent nos. 1, 2 and 3 and it has been narrated therein that there is no physical existence of the institution. It further relies on a report dated 12th November, 2008 wherein the aforesaid situation has been explained. A rejoinder affidavit has been filed and it has been stated that an inspection has been carried out in a way, which does not reflect the correct picture and as a matter fact, the institution is still running.
There is no evidence on record about the number of students in the institution or any other document, which can substantiate the aforesaid denial of the rejoinder affidavit.
After having seen the pleadings, it would be appropriate that the State Government gets an inquiry conducted into the matter through a responsible Officer in order to ascertain the correctness or otherwise of the position reflected in the report of the Associate District Inspector of Schools.
Accordingly, the learned standing counsel shall forward a copy of this order to the respondent no. 1-Secretary Secondary Education, who shall get an inquiry conducted into the matter keeping in view the report referred to hereinabove and thereafter submit an affidavit along with the report before this Court within 8 weeks.
After the report is received, the matter shall be listed before the appropriate Bench.
A certified copy of this order may be provided to the learned Standing Counsel free of charges for being transmitted to the concerned Authority.
Order Date :- 19.7.2010 Akv