Muinuddinn And 4 Others vs State Of U.P. And 3 Others
2019 Latest Caselaw 5534 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 10026 of 2019
 

 
Petitioner :- Muinuddinn And 4 Others
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Khurshed Alam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioners and learned Standing Counsel appearing for respondent nos. 1, 2 and 3.

Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no. 4.

Learned counsel for the petitioner submitted that there is an institution namely Madarasa Maqtab Jamia Islamia Kadaria Darul Ulum, Hatawa Nakahani, Bhatni, District Deoria, which is run and managed by a Society registered under the Societies Registration Act, 1860. He further submitted that the petitioners were appointed on the post of Assistant Teachers by adopting due procedure of law and their appointment were also approved by Registrar, Uttar Pradesh Madarsa Siksha Board, Jawahar Bhawan, Lucknow vide order dated 15.1.2016 and after approval, the petitioners were being paid salary till January, 2017 without any break, but from the month of February, 2017, salary of the petitioners has been stopped without any reason. For payment of salary, the respondent no. 4-Principal of the Institution made several representations before the respondent no. 3, but no payment has been made to the petitioners. The petitioners also made representations dated 23.3.2019 by registered post, but till date payment of salary has not been made to them. The petitioners have moved separate representation which was received in the office of respondent no. 3 on 23.3.2019, but the same has not been decided. Lastly, he submitted that a suitable direction may be issued to respondent no. 3 to decide the representation of the petitioners and pay salary w.e.f. February, 2017.

Learned Standing Counsel submitted that representation of the petitioners shall be decided in accordance with law and if there is no legal impediment, salary of the petitioners shall also be paid.

Considering the facts and circumstances of the case, this writ petition is disposed of with direction to the respondent no. 3 to consider the representation of the petitioners and decide the same strictly in accordance with law within six weeks from the date of production of certified copy of this order.

It is made clear that this Court has not adjudicated the case on merit. It is upon the respondent no. 3 to pass order after considering the rule occupying the field.

Order Date :- 8.7.2019

Rmk.