Allahabad High Court
Ranjana Singh & Anr. vs State Of U.P. Thru. Prin. Secy. ... on 5 January, 2021
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 16309 of 2020
Petitioner :- Ranjana Singh & Anr.
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors.
Counsel for Petitioner :- Pawan Kumar Pandey
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
Hon'ble Manish Mathur,J.
Heard Mr. Pawan Kumar Pandey, learned counsel for petitioners, 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 petitioners their salary of the post of Assistant Teacher (Home Science and Art) with all consequential benefits with effect from the date of his joining i.e.01.11.2019;
(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 petitioners submits that the petitioners were appointed as Assistant Teacher (Home Science and Art) on 01.11.2019 but financial approval and salary payment have not yet been made to the petitioners 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 petitioners that the petitioners' 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 petitioners has to be taken by the competent authority.
In view of aforesaid submissions, opposite party no.3 i.e. District Inspector of Schools, Ayodhya is directed to take a final decision with regard to financial approval for petitioners 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 :- 5.1.2021
Subodh/-
