Allahabad High Court
Harshvardhan Mishra And Another vs State Of U.P. And 3 Others on 19 January, 2021
Bench: Arvind Kumar Mishra-I
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 14529 of 2020
Petitioner :- Harshvardhan Mishra And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- J.P. Singh,Sunil Kumar Singh
Counsel for Respondent :- C.S.C.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the petitioners and learned Standing Counsel for the contesting respondents.
By means of present writ petition, petitioners have sought following relief(s):
"(i) issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Azamgarh to examine Petitioners' claim for payment of salary in the light of judgment of Full Bench judgment in the case of Santosh Kumar Singh read with judgment in the case of Sushil Kumar Yadav decided on 31.10.2017 and the recent judgment dated 26.08.2020 passed in the case of Sanjay Singh and others passed in Civil Appeal No. 8300 of 2016 (copy of judgment dated 26.08.2020 is enclosed as Annexure No.19 to this petition) within the time to be specified by the Hon'ble Court.
(ii) to issue any other writ, order or direction which this Hon'ble Court may deem fit and proper and in the circumstances of the case;
(iii) to award costs of the petition to the petitioners."
Learned counsel for the petitioners has submitted that the petitioners have already made a representation and no consideration has been given them as yet. However, in similar matter in identical position, one order dated 25.11.2020 has been passed in Service Single No. 22289 of 2020, which is extracted as herein below:-
Heard Mr. Pawan Kumar Pandey, learned counsel for petitioner, learned State Counsel appearing on behalf of opposite parties no.1 to 3 and Mr. Raj Kr. Singh Suryavanshi, learned counsel for opposite party no.4.
In view of order being proposed to be passed, notices to opposite party no.5 stand 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 Respondents to pay the petitioner his salary of the post of Assistant Teacher (Science) with all consequential benefits with effect from the date of his joining i.e.01.04.2018;
(ii) to issue any other writ, order or direction which this Hon'ble Court may deem just and proper in circumstances of the case;
"(iii) to allow this writ petition with all costs in favour of the petitioner.
Learned counsel for petitioner submits that the petitioner was appointed as Assistant Teacher (Science) on 01.04.2018 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.3 i.e. District Inspector of Schools, Ambedkar Nagar 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."
The same applies in the case of the petitioners also as the relief sought is exactly the same and identical and does not differ in any manner. Therefore, there is no worthy reason as to why the same order should not be passed in the present petition also instead of directing the authorities to merely dispose of the representation of the petitioners, therefore the following order is being passed.
In view of aforesaid submissions, opposite party no.2 i.e. District Inspector of Schools, Azamgarh 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 observation, this petition stands disposed of.
Order Date :- 19.1.2021 / S Rawat
