Devesh Singh vs State Of U.P.Thru.Prin.Secy. ...
2021 Latest Caselaw 5995 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 27
 

 
Case :- SERVICE SINGLE No. - 10342 of 2021
 

 
Petitioner :- Devesh Singh
 
Respondent :- State Of U.P.Thru.Prin.Secy. Secondary Education & Ors.
 
Counsel for Petitioner :- Pawan Kumar Pandey,Pawan Kumar Pandey
 
Counsel for Respondent :- C.S.C.,Raj Kr Singh Suryvanshi
 

 
Hon'ble Vivek Chaudhary,J.

The case is taken up through Video Conferencing.

Heard Mr. Pawan Kumar Pandey, learned counsel for petitioner, learned Standing Counsel for respondent Nos.1 to 3 and Mr. Raj Kr. Singh Suryavanshi, learned counsel for respondent No.4.

In view of order being proposed to be passed, notices to opposite party no.5 stand dispensed with.

Present writ petition has been filed seeking following primary relief:

"(i) to issue a writ, order or direction in the nature of Mandamus commanding the Respondents to pay the petitioner her salary of the post of Assistant Teacher (English) with all consequential benefits with effect from the date of his joining i.e. 29.11.2019."

Learned counsel for petitioner submits that the petitioner was appointed as Assistant Teacher (English) on 29.11.2019 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 respondents submits that appropriate decision with regard to the working and the financial approval for petitioner has to be taken by the competent authority.

In view of aforesaid submissions, respondent no.3 i.e. District Inspector of Schools, Ayodhya is directed to take a final decision with regard to the working of and 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 printout copy of this order is produced before him.

With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 3.6.2021

Shubhankar