Jiut Bandhan Tiwari vs State Of U.P.& 4 Ors.
2013 Latest Caselaw 986 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 20885 of 2013
 

 
Petitioner :- Jiut Bandhan Tiwari
 
Respondent :- State Of U.P.& 4 Ors.
 
Petitioner Counsel :- K.N.Misra
 
Respondent Counsel :- C.S.C.,K.Shahi
 

 
Hon'ble Rajes Kumar,J.

Heard learned counsel for the petitioner, Sri K. Shahi, learned counsel appearing on behalf of respondent nos. 2 and 3 and learned Standing Counsel appearing on behalf of respondent no. 1.

The contention of the petitioner is that he has been appointed as an Assistant Teacher in Subhash Purva Madhyamik Vidyalaya, Newaijpur, Gorakhpur on compassionate ground and the appointment of the petitioner has been approved by the District Basic Shiksha Adhikari, Gorakhpur vide order dated 16.5.2001. When the salary was not being paid, the petitioner filed Writ Petition No. 538 of 2004 which has been disposed of on 9.1.2004 with the direction to the Accounts and Finance Officer in the office of the District Basic Education Officer, Gorakhpur to take a final decision in the matter in accordance to law. In pursuance thereof, the Accounts and Finance Officer passed the order dated 31.3.2005 and directed for the regular payment of salary. In pursuance thereof, the petitioner started getting salary. It is the contention of the petitioner that till 2006 he has been continuously paid salary and when the salary has been stopped, the petitioner approached the Accounts and Finance Officer, who has issued a direction for payment of salary but till date the salary has not been paid.

Sri K. Shahi, learned counsel appearing on behalf of the respondents submitted that let the petitioner may be directed to raise his grievance before the Assistant Director of Education Basic, Gorakhpur, who is the competent authority to consider the grievance of the petitioner.

In view of the above, the writ petition is disposed of directing the petitioner to file a representation before the Assistant Director of Education Basic, Gorakhpur within two weeks and he is directed to decide the representation of the petitioner by a speaking order within a period of six weeks thereafter in accordance to law.

Order Date :- 16.4.2013

OP