Yashoda Shivkali Balika ... vs State Of U.P. & 3 Others
2015 Latest Caselaw 1983 ALL

Citation : 2015 Latest Caselaw 1983 ALL
Judgement Date : 25 August, 2015

Allahabad High Court

Yashoda Shivkali Balika ... vs State Of U.P. & 3 Others on 25 August, 2015

Bench: Abhinava Upadhya




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - C No. - 47804 of 2015
 

 
Petitioner :- Yashoda Shivkali Balika Vidyalaya Thru' Its Manager
 
Respondent :- State Of U.P. & 3 Others
 
Counsel for Petitioner :- S.K. Chaubey,S.K. Pandey-Ii
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State-respondents.

By means of this writ petition the petitioner has come up to this Court challenging the order dated 22.6.2015 by which order of single operation has been made.

The main ground for challenging the aforesaid order is that in spite of various directions being issued to the respondents, one employee of the institution was not being paid salary. The matter was taken up to the Contempt Court. The educational authorities have been writing to the Committee of Management for clarifying the position with regard of the date of appointment of the employee and for the payment of salary upon the order being passed for showing cause as to why the order under Section 6 of the Junior High School Payment of Salaries of Teachers and other Employees Act, 1978 be not passed. The petitioner has furnished his explanation.

In the order impugned it was noticed that the petitioner has submitted the date of appointment and working of the employee in the institution, which do not tally and there is a contradiction in the dates. Somewhere it has been mentioned that the employee was working since 2014 and in other place it has been mentioned that he has been working since 1989. Due to such discrepancies the order of single operation has been made exercising power under Rule 5 of Second proviso of the Rules.

At the present moment there does not seen any error in the order of the authority directing single operation of the account. However, it is open for the petitioner to approach the higher authorities for the redressal of his grievance. Therefore, under the facts and circumstances of the case, I am not inclined to interfere in the matter.

The writ petition is, accordingly, dismissed.

Order Date :- 25.8.2015

SKM