Allahabad High Court
Smt. Janak Kumari Singh vs State Of U.P. Thru Secy.Secondary ... on 12 February, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- SERVICE SINGLE No. - 22827 of 2017
Petitioner :- Smt. Janak Kumari Singh
Respondent :- State Of U.P. Thru Secy.Secondary Edu. Lucknow And Others
Counsel for Petitioner :- Pradeep Kumar Singh
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
Hon'ble Rajesh Singh Chauhan,J.
Heard Mr. P. K. Singh Vats, learned counsel for petitioner, learned Standing Counsel appearing on behalf of opposite parties no.1, 2 & 4 and Mr. Raj Kumar Singh Suryavanshi, learned counsel for opposite party no.3.
In view of order being proposed to be passed, notice to opposite party no.5 stands dispensed with.
Petition has been filed seeking the following relief:
"(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to (specially District Inspector of Schools) to accord the financial approval to the appointment of the petitioner on the post of Assistant Teacher L.T. Grade from the date of joining.
(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to not to create any interruption and hindrance in the working of the petitioner to the post of Assistant Teacher, L.T. Grade."
Learned counsel for petitioner submits that the petitioner was appointed as Assistant Teacher on 09.03.2017 but financial approval and salary payment have not yet been made to the petitioner despite reminder from the Committee of Management. It is submitted that similar dispute has already been adjudicated upon by Hon'ble the Supreme Court in the case of Sanjay Singh & Ors. vs. State of U.P. & Ors. (Civil Appeal No.8300 of 2016) with the following observations:
"11. On having examined the issue, we feel it will be appropriate to direct that the teachers/lectures who are employed at present the TGTs and lecturers would continue to be so employed till the aforesaid process is completed and to the extent the financial benefits are given by the State Government to the institutions, against appointments made in compliance with Section 16-E (sub-section 11) of the Act, the same will also be given to provide succour to the TGT/lecturers."
It is submitted by learned counsel for petitioner that the petitioner's case is to be covered by the aforesaid paragraph 11 of the said judgment.
Learned counsel appearing for opposite parties submits that appropriate decision with regard to the financial approval for petitioner has to be taken by the competent authority.
In view of aforesaid submissions, opposite party no.4 i.e. District Inspector of Schools, Gonda is directed to take a final decision with regard to financial approval for petitioner in the light of judgment rendered by Hon'ble the Supreme Court in the case of Sanjay Singh (supra). Final order with regard to the same shall be passed within a period of six weeks from the date a copy of this order is produced before him.
With the aforesaid observations, the writ petition stands disposed of.
Order Date :- 12.2.2021
Suresh/
[Rajesh Singh Chauhan,J.]
