Ram Shankar Sharma vs State Of U.P. And 2 Others
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Allahabad High Court

Ram Shankar Sharma vs State Of U.P. And 2 Others on 18 December, 2023

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:239999
 
Court No. - 35
 

 
Case :- WRIT - A No. - 20865 of 2023
 

 
Petitioner :- Ram Shankar Sharma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Onkar Nath
 
Counsel for Respondent :- CSC
 

 
Hon'ble Vikas Budhwar,J.
 

1. On the oral request of learned counsel for the writ petitioner, he is permitted to implead the committee of management, Inter College, Itaura, District Jalaun as fourth respondent.

2. Heard Sri Onkar Nath, learned counsel for the petitioner and Sri Gaya Prasad Singh, learned Standing Counsel, who appears for Respondents 1, 2 and 3.

3. In view of the order, which is being proposed to be passed today, notices are not being issued to the fourth respondent.

4. The case of the writ petitioner is that he was appointed as Assistant Teacher on 02.07.1991 in the institution in question, fifth respondent, his services were regularised w.e.f. 20.04.1998 by virtue of an order dated 17.02.2003 thereafter he was allowed to officiate as a principal on 04.07.2012 signatures were attested also. The writ petitioner claims that he was placed under suspension on 25.09.2013 which came to be disapproved by the District Inspector of Schools, on 11.11.2013 which was subject matter of challenge in Writ A No. 64694 of 2013 by the committee of management which came to be disposed of for conducting the inquiry thereafter a resolution is stated to have been passed on 15.09.2014 withholding increments, the same is also disapproved under Section 21 of U.P. Act No. 05 of 1982 against which the fifth respondent, committee of management preferred Writ A No. 8023 of 2019 which is pending before this Court, in the meantime, the writ petitioner stood retired on 31.03.2019 as per the writ petitioner, he is getting provisional pension in the wake of the pendency of the aforesaid writ petition but according to the writ petitioner, he is entitled to the monetary benefits which he enjoyed as an officiating principal and also full pension though he is paid provisional pension, he submits that post retirement, now no proceedings can be drawn and no punishment can be imposed in view of the judgment in the case of Committee of Management Jay Jawan Jay Kishan Inter College in Writ A No. 9644 of 2019 decided on 19.08.2019.

5. Shri Gaya Prasad Singh, learned Standing Counsel submits that the issues as to whether any subsequent developments took place and also the other claims which the writ petitioner seeks to raise needs determination at the first instance by the second respondent, Deputy Director of Education, Jhansi, Region Jhansi. He submits that the writ petitioner may represent his cause before it.

6. To such a submission, learned counsel for the petitioner has no objection and he gracefully accepts the same.

7. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is being disposed off without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation along with the self-attested copy of the writ petition before the second respondent, after putting to notice fourth respondent, proceed to decide the claim of the petitioner strictly in accordance with law within a period of three months from the date of presentation of the certified copy of the order.

8. With the aforesaid observation, the writ petition is disposed off.

Order Date :- 18.12.2023

A. Prajapati