Allahabad High Court
Jeet Singh vs State Of U.P. And 4 Others on 5 April, 2019
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 18
Case :- WRIT - A No. - 5186 of 2019
Petitioner :- Jeet Singh
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Dushyant Kumar
Counsel for Respondent :- C.S.C.,Sitaram Patel,Sujeet Kumar,Umesh Singh,Vijai Kumar Srivastava
Hon'ble Prakash Padia,J.
Order on Impleadment Application
Impleadment application was filed by Ms. Chhaya Gupta along-with Mr. Sujeet Kumar, learned counsel, in order to implead the following persons namely Sajvindra Singh, Brijesh Kumar Sharma and Prashant Yadav as respondent nos.6, 7 and 8 in the array of parties.
The application for impleadment is allowed. The necessary impleadment be made in the array of parties within a week.
Order of Writ Petition
Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos.1 to 3. Mr. V. K. Srivastava, learned counsel, has accepted notice on behalf of respondent nos. 4 and 5. Mr. Sujeet Kumar, learned counsel, is representing newly added respondents no.6, 7 and 8.
The petitioner has preferred the present writ petition with the following prayer :-
"(i) Issue a writ order or direction in the nature of certiorari quashing the impugned order dated 22.12.2018 and order dated 16.02.2019 passed by the respondent no.2."
Learned counsel for the petitioner contended that certain teachers were wholly illegally appointed by the earlier Committee of Management and as such proceedings were initiated by the petitioner after he became Manager of the institution in question.
It is contended by Mr. Sujeet Kumar appearing on behalf of newly aided respondents that the respondent no.6 and 7 were duly appointed in the institution in question on the post of Assistant Teacher and respondent no.8 was appointed on the post of clerk. It is further contended by Mr. Sujeet Kumar that the aforesaid respondents were duly paid their salary upto the month of March, 2018 but thereafter, wholly illegally, their salary was stopped since April, 2018. When the salary was not paid to the aforesaid persons, they approached to the District Basic Education Officer, Rampur, for the payment of their salary. It is further contended that in this regard the letters dated 10.8.2018 and 10.9.2018 were written by the District Basic Education Officer to the Manager of the institution in question for payment of salary to the respondents no.6, 7 and 8. Since respondents were not paid their salary they approached to the Joint Director of Education, 12th Region, Moradabad, in this regard a letter dated 22.12.2018 was written by the Joint Director of Education, 12th Region, Moradabad, to the District Basic Education Officer, Rampur, stating therein that certain teachers and employees were not paid their salary due to the fact that the salary bills were not forwarded by the institution. It appears that inspite of the said letter, no action was taken by the Manager of the institution in question for payment of salary to the respondents no.6, 7 and 8. Another letter dated 16.2.2019 was written by the Joint Director of Education, 12th Region, Moradabad to the District Basic Education Officer, Rampur, again reiterating the same facts. By the aforesaid letter Joint Director of Education, 12th Region, Moradabad, directed the District Basic Education Officer, Rampur, to call for the salary bills to the teachers and employees who were not paid their salary and the Manager be directed to submit the salary bills within a period of one week.
It is contended by learned counsel for the petitioner that vide resolution dated 29.1.2019 a proposal was made by the institution to terminate the services of respondents no.6, 7 and 8.
At this point of time, it is contended by Mr. Sujeet Kumar, learned counsel for the respondents no.6 to 8 that till date approval is not granted by the competent authority as per Rules contained in 1978 to the teachers and employees and respondents no.6, 7 and 8 are entitled for the payment of their salary.
From the facts as contained it is clear that respondents no.6, 7 and 8 were paid their salary regularly from the State exchequer upto March, 2018, thereafter, wholly illegally, their salary has been stopped by the Manager of the institution in question. From perusal of the same, the Court is of the prima facie opinion that the aforesaid letters were rightly written by the Joint Director of Education, 12th Region, Moradabad, to the District Education Officer, Rampur. Once the teachers and employees were duly appointed in the institution in question they are entitled for payment of their salary till the time any adverse order is passed against them.
The matters requires consideration.
Counter affidavit be filed by all the respondents within six weeks. Rejoinder affidavit may be filed within two weeks' thereafter.
List in the 3rd week of July, 2019.
Order on Stay Application
The prayer for stay is rejected.
Order Date :- 5.4.2019
Pramod Tripathi
