Allahabad High Court
Asha Singh vs State Of U.P. Thru. Secy. ... on 3 August, 2021
Bench: Irshad Ali
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- SERVICE SINGLE No. - 16556 of 2021
Petitioner :- Asha Singh
Respondent :- State Of U.P. Thru. Secy. Secondary Education Lko. & Ors.
Counsel for Petitioner :- Asit Srivastava
Counsel for Respondent :- C.S.C.
Hon'ble Irshad Ali,J.
1. Heard learned counsel for the petitioner and learned ACSC for respondent - State.
2. The present writ petition has been filed by wife of the deceased employee, who has been granted appointment on the post of Assistant Teacher on 13.04.2010 against sanctioned post in primary school attached to intermediate college recognized under the provisions of U.P. Intermediate Education Act, 1921.
3. The appointment of the petitioner was cancelled, which was assailed in Writ Petition No.2981 (S/S) of 2010, which was finally disposed of with a direction to respondents to consider the claim of the petitioner and to pass appropriate order.
4. Against the said order, Special Appeal No.607 of 2010 was filed, wherein the order passed by learned single judge was modified to the extent that in case the approval has already been granted, there is no requirement to grant fresh approval. Thereafter, in compliance of judgment and order passed by writ court as well as the special bench dealing with matter of special appeal, the appointment of the petitioner was again cancelled, which was subject matter of challenge in Writ Petition No.6448 (S/S) of 2014, wherein after hearing the parties, the impugned order cancelling the appointment of the petitioner was set aside and direction was issued to decide the claim afresh in the light of observation made in the order.
5. In compliance of the order, the District Inspector of Schools decided the issue holding that the appointment of the petitioner was made against sanctioned post and accorded approval in regard to his work from 01.09.2013 to 31.12.2016. He sent a letter to the Director of Education, Secondary, U.P. at Allahabad for grant of financial concurrence for payment of salary to the petitioner for the period approved. Subsequently, petitioner's husband died on 12.04.2018.
6. Submission of learned counsel for the petitioner is that the matter is subjudiced before the Director of Secondary Education and till date the amount of salary has not been released nor any order has been passed by the Director of Education, Secondary - respondent No.2. He submitted that in case direction is issued for consideration of claim of the petitioner to release the amount as recommended by the DIOS within a reasonable period, ends of justice would be met.
7. On the other hand, learned ACSC submitted that in case the matter is pending consideration before respondent No.2 in regard to financial concurrence for payment of salary to the petitioner, the respondent will consider the recommendation made by the DIOS and shall pass appropriate reasoned speaking order within a reasonable period.
8. I have considered the submissions advanced by learned counsel for the parties and perused the material on record.
9. In view of submissions advanced by learned counsel for the parties, no useful purpose will be served in keeping the writ petition pending.
10. Accordingly, this writ petition is finally disposed of with a direction to respondent No.2 to consider the claim of the petitioner for payment of salary for the period 01.09.2013 to 31.12.2016 and to pass appropriate reasoned and speaking order after affording opportunity of hearing to the petitioner within a period of six weeks from the date of production of a certified copy of this order.
Order Date :- 3.8.2021
Adarsh K Singh
