Ram Prasad Verma vs State Of U.P. And Others
2011 Latest Caselaw 1652 ALL

Citation : 2011 Latest Caselaw 1652 ALL
Judgement Date : 12 May, 2011

Allahabad High Court

Ram Prasad Verma vs State Of U.P. And Others on 12 May, 2011

Bench: Krishna Murari




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 26365 of 2011
 

 
Petitioner :- Ram Prasad Verma
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Shiv Shankar Yadav
 
Respondent Counsel :- C.S.C.
 
Hon'ble Krishna Murari, J.

Heard learned counsel for the petitioner and learned Standing Counsel for respondents no. 1 to 3.

Petitioner, an Assistant Teacher, was placed under suspension vide order dated 15.9.2009. He approached this Court by filing Writ Petition no. 50702 of 2010 on the allegation that since the suspension order has not been approved under Section 16-G (7) of the U. P. Intermediate Education Act hence he is entitled to function and receive salary. The said writ petition was disposed of by this Court vide order dated 28.8.2010 directing the District Inspector of Schools, Auraiya to consider and decide the claim of the petitioner. Vide order dated 24.1.2011, District Inspector of Schools has disapproved the suspension order and directed payment of salary from 28.10.2009.

The grievance of the petitioner is that inspite of the aforesaid order, the committee of management is not permitting the petitioner to join the institution and neither arrears nor current salary is being paid to him.

Considering the facts and circumstances, the writ petition stands finally disposed of with liberty to the petitioner to make a representation ventilating all his grievances before the respondent no. 2, District Inspector of Schools, Auraiya, along with a certified copy of this order within a period of four weeks from today and in case any such representation is made, District inspector of Schools shall consider and decide the same in accordance with law and relevant rules by means of a reasoned and speaking order within a further period of four weeks from the date of making the representation.

Needless to say, in case the claim set up by the petitioner is found to be genuine and the committee of management is not permitting the petitioner to join without any justifiable cause or reason, the District Inspector of Schools, Auraiya shall proceed to take suitable action against the committee of management.

Order Date :- 12.5.2011

Dcs