Allahabad High Court
Neeraj Kumar Mishra vs State Of ... on 7 January, 2021
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 20
Case :- SERVICE SINGLE No. - 164 of 2021
Petitioner :- Neeraj Kumar Mishra
Respondent :- State Of U.P.Thru.Prin.Secy.Secondary Education & Ors.
Counsel for Petitioner :- Nagendra Bahadur Singh
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
Hon'ble Manish Mathur,J.
Heard Mr. Nagendra Bahadur Singh, 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.5. In view of the order proposed to be passed in this petition, notices to opposite party no.4 stand dispensed with.
Petition has been filed seeking the following main relief:
(i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to take decision with respect to the approval to the appointment of petitioner on the post of Assistant Teacher L.T. Grade, in order to ensure payment of salary w.e.f. the date of joining."
Learned counsel for petitioner submits that the petitioner was appointed as Assistant Teacher L.T. Grde on 20.07.2019 but financial approval and salary payment have not yet been made to 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. v. 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 aforesaid paragraph 11 of the said judgment.
Learned counsel appearing for opposite parties submits that appropriate decision with regard to 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, Pratapgarh is directed to take a final decision with regard to financial approval for petitioner in light of the 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 :- 7.1.2021
Subodh/-
