Committee Of Management, Shivaji ... vs Ashok Kumar And 5 Others
2021 Latest Caselaw 2735 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 133 of 2021
 

 
Appellant :- Committee Of Management, Shivaji Inter College Sahson And 2 Others
 
Respondent :- Ashok Kumar And 5 Others
 
Counsel for Appellant :- Saroj Kumar Yadav
 
Counsel for Respondent :- C.S.C.,Vimal Chandra Mishra
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

Order on Exemption Application

The application seeking exemption from filing certified copies of the order of the High Court is allowed.

The defect stands cured.

Order on Appeal

By this appeal, a challenge is made to the judgment dated 09.12.2020 where the writ petition was disposed of with the following direction;

"The present petition is disposed of with liberty to the petitioner to file a fresh application before the respondent no. 4 alongwith copy of this order within four weeks from today. In the event, the representation is filed, the respondent no. 4 shall take action under the provisions of Section 3 (3) of The U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971 in accordance with law, expeditiously, preferably within a period of six weeks by filing a representation by the petitioner."

The only grievance raised by the appellant non-petitioner is for action under Section 3 (3) of The U.P. High Schools And Intermediate Colleges (Payment Of Salaries Of Teachers And Other Employees) Act, 1971 without considering that non appellant was not in service. Aforesaid fact cannot be brought to the notice of competent authority unless appellants are given an opportunity of hearing. The prayer is accordingly to direct the respondent no. 4 to hear the appellants also while considering the representation of the petitioner non appellant.

Learned counsel appearing for the petitioner non appellant has no objection if the appellants are also given opportunity of hearing on his representation.

Accordingly, while no interference in the judgment impugned herein is caused, a direction is given to respondent no. 4 to even provide opportunity of hearing to the appellants while considering the representation made by the petitioner non appellant pursuant to the impugned judgment of learned Single Judge. The direction aforesaid should not mean that respondent no. 4 may cause delay in disposal of the representation.

Appeal is disposed of with the aforesaid.

Order Date :- 19.2.2021

Shekhar