Allahabad High Court
Smt. Laila And Another vs State Of U.P. And 5 Others on 1 August, 2019
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 39
Case :- WRIT - A No. - 11339 of 2019
Petitioner :- Smt. Laila And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Man Bahadur Singh
Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel appearing for respondent nos. 1, 2, 3 and 4 and Sri Bhanu Pratap Singh, learned counsel for the respondent no. 5.
Learned counsel for the petitioners submitted that pursuant to advertisement dated 6.9.2010 published by respondent no. 5, the petitioners have submitted applications. A selection committee was constituted and interview was conducted on 8.11.2010 in which total 26 candidates were appeared and a quality point chart was prepared by the selection committee. Appointment of the petitioners was also approved by the Committee of Management of respondent no. 5 by resolution dated 8.11.2010 and the same was sent to the District Basic Education Officer, Azamgarh for approval, which was approved by the District Basic Education Officer, Azamgarh vide order dated 16.8.2011 and accordingly, appointment letters were issued to the petitioners. Pursuant to appointment letters, the petitioners have submitted their joining in the institution on 15.11.2010. He further submitted that institution was granted aid from the State Government and it is receiving grant through Social Welfare Department from 31.3.1994 and teachers working in the institution are entitled to get salary from the State fund, therefore, Management forwarded all the requisite papers to the District Social Welfare Officer, Azamgarh for payment of salary of the petitioners. He also submitted that the respondent no. 3 District Social Welfare Officer, Azamgarh sought a report from the concerned Supervisor, Social Welfare Sagdi vide order dated 6.1.2018 and in pursuance of the said order, spot inspection was made and at the time of inspection, the petitioners were present there. A report dated 9.1.2018 was submitted, but due to non fulfilment of illegal demand, only four out of six Assistant Teachers were shown present and their names were sent to the Director, Social Welfare, U.P. Lucknow for payment of salary excluding the names of the petitioners. For redressal of their grievance, the petitioners moved a representation dated 15.7.2019 to the respondent no. 1, but the same has not been decided till date. Lastly, he submitted that a suitable direction may be issued to respondent no. 1-Principal Secretary, Social Welfare, Government of U.P., Lucknow to consider and decide the representation of the petitioners at the earliest for which learned counsel for the respondents have no objection.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 1-Principal Secretary, Social Welfare, Government of U.P., Lucknow to consider and decide the representation of the petitioners strictly in accordance with law within three months from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.1 to decide the case of the petitioners after considering the facts as well as relevant Rules and Government Order etc. occupying the field.
Order Date :- 1.8.2019
Rmk.
