Rana Bijendra Pratap Singh & ... vs State Of U.P. & Others
2012 Latest Caselaw 929 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- WRIT - A No. - 58514 of 2008
 

 
Petitioner :- Rana Bijendra Pratap Singh & Others
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- J.P.N. Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Devi Prasad Singh,J.

Heard learned counsel for the parties and perused the record.

The controversy relates to payment of salary to the petitioners, who are assistant teacher of Chakphool Kisan Majdoor Purva Madhyamik Vidyalaya, Chakpool, District-Ballia.

Submission of learned counsel for the petitioners is that the petitioners are teacher of the aforesaid school from the very beginning and when the grant-in-aid was sanctioned by the State Government, they have been deprived to avail the benefit of grant-in-aid extended by the State Government.

In case the petitioners have been imparted in the school in question from the very beginning, then after recognition of grant-in-aid, they shall be entitled for payment of salary.  However, the controversy in question involves disputed question of fact.  The representation submitted by the petitioners is pending.

Accordingly, without entering into the merit of the case, the writ petition is disposed of finally directing the opposite party no. 4 to look into the matter and consider the case of the petitioners  for payment of salary in terms of government orders by passing a speaking and reasoned order after affording opportunity of hearing to the parties, expeditiously say, within a period of three months from the date of production of certified copy of this order.  The decision so taken shall be communicated to the petitioners.

Subject to above, the writ petition stands disposed of.

Order Date :- 26.4.2012

Rizvi