Allahabad High Court
Chandra Pratap Singh And Ors. vs State Of U.P. Through Its ... on 12 December, 2022
Bench: Rajnish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- WRIT - A No. - 5435 of 2011
Petitioner :- Chandra Pratap Singh And Ors.
Respondent :- State Of U.P. Through Its Principal Secy. Secondary Edu.Lko.
Counsel for Petitioner :- Shiv Nath Tilhari,Yogendra Kumar Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Rajnish Kumar,J.
Heard, Shri Yogendra Kumar Mishra, learned counsel for the petitioners and learned Standing Counsel.
This writ petition has been filed challenging the order dated 27.01.2011 passed by the District Inspector of Schools, Faizabad by means of which the salary allowed to the petitioners similar to that of Teachers of Model School by means of order dated 29.09.2010 in compliance of the order dated 05.05.2010 passed in writ petition No.2673 (SS) of 2010 read with judgment and order dated 30.03.2009 passed in writ petition No.10665 of 2006 and writ petition No.13347 of 2006 has been stayed till further orders.
Submission of learned counsel for the petitioners is that the petitioners were rightly granted the salary of the teachers of Model School in compliance of order dated 05.05.2010 passed in writ petition No.2673 (SS) of 2010, which was allowed in terms of judgment and order dated 30.03.2009 passed in writ petition No.10665 of 2006 and writ petition No.13347 of 2006 by means of which the same pay scale as was being paid to the teachers of Model School was allowed to the petitioners, but without assigning any reason the same has been stayed by the impugned order dated 27.01.2011.
This court by means of order dated 24.08.2012 granted time to the learned Standing Counsel to seek instructions, but no instructions were provided to the learned Standing Counsel. On the request of learned Standing counsel time was granted on 21.10.2022 and again on 15.11.2022. However learned Standing Counsel submits that he has no instructions in the matter. He seeks further time to seek instructions in the matter.
Having considered the submissions of learned counsel for the parties and on perusal of record it is apparent that the pay scale of teachers of Model School was allowed to the petitioners of Civil Misc. writ petition No.10665 of 2006; Dharampal Singh and others Versus State of U.P. and others and Civil Misc. Writ Petition No.13347 of 2006; Rakesh Kumar and others Versus State of U.P. and others by means of judgment and order dated 30.03.2009. The petitioners had filed writ petition No.2673 (SS) of 2010, which was allowed with the consent of learned counsel for the parties in terms of judgment and order dated 30.03.2009 passed in writ petition No.10665 of 2006 and 13347 of 2006 and the benefit of the judgment and order dated 30.03.2009 was extended to the petitioners also. The writ petition was allowed by means of order dated 05.05.2010. In compliance of the order dated 05.05.2010, the salary of the teachers of the Model School was allowed to the petitioners by means of order dated 29.09.2010. However, it was made subject to the final decision of the High Court, whereas the writ petition of the petitioners was already decided and it was not clarified as to final decision of which case. However, the said order dated 29.09.2010 for payment of the petitioners' salary in compliance of the order dated 05.05.2010 has been stayed by means of order dated 27.01.2011 without assigning any reason and affording any opportunity to the petitioners, which is apparent from the perusal of the order dated 27.01.2011, therefore it is not sustainable in the eyes of law and liable to be quashed. Despite repeated opportunities no instructions have been provided to learned Standing Counsel.
In view of above, the writ petition is partly allowed. The order dated 27.01.2011 is hereby quashed. The respondent no.4 may pass a fresh order in accordance with law after affording opportunity to the petitioners by passing a reasoned and speaking order expeditiously.
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........................................(Rajnish Kumar,J.)
Order Date :- 12.12.2022
Banswar
