Allahabad High Court
C/M Mahatma Gandhi Inter College ... vs State Of U.P. And 3 Others on 12 July, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:138272
Court No. - 35
Case :- WRIT - A No. - 10898 of 2023
Petitioner :- C/M Mahatma Gandhi Inter College And 2 Others
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Ram Prasad Dubey
Counsel for Respondent :- C.S.C.
Hon'ble Vikas Budhwar,J.
Heard Sri Ram Prasad Dubey learned counsel for the writ petitioners who are three in number and Sri Sanjay Singh Jatav learned Additional Chief Standing who appears for respondents No. 1 to 4.
The case of the writ petitioners as couched in the present writ petition is that there is an institution (petitioner No. 1) Mahatma Gandhi Inter College Sishwa Bazar, Maharajganj which is recognized under the provisions of Uttar Pradesh Intermediate Education Act, 1921 and the provisions of Uttar Pradesh High School and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971 are applicable. In para 4 of the writ petition it has been averred that that Mahatma Gandhi Inter College Sishwa Bazar Maharajganj institution attached to primary school and is managed by the same management, Committee of Management, Mahatma Gandhi Inter College Sishwa Bazar, District Maharajganj. It is further the case of the writ petitioners as portrayed in para 5 of the writ petition that attached primary school in Mahatma Gandhi Inter College Sishwa Bazar, District Maharajganj is running from the year 1947 and the recognition of the Board was granted on 30.08.1962 to the attached primary school and the aforesaid primary school was granted recognition on 13.01.1966 by the third respondent, District Inspector of Schools. It is further the case of the writ petitioners that a Government Order relating to payment of salary was issued on 06.06.1989 in which the attached primary school with Mahatma Gandhi Inter College was left out. In para 7 it has been averred thereafter gaining knowledge of the said fact correspondences were sought to be made and thereafter the matter was taken cognizance thereof and eventually on 27.02.1998 the District Inspector of Schools accorded financial approval to the attached primary school and by letter dated 27.01.1999 the District Inspector of Schools sent detailed report to the Director of Secondary Education, Lucknow. In para 9 it has been further averred that by letter dated 29.01.1999 the Deputy Director of Secondary Education, Allahabad directed all the Joint Director of Secondary Education that after physical inspection of attached primary school who have been left out report being required to be submitted and in compliance thereof the Joint Director of Education, Gorakhpur after physically inspecting the institution in question submitted a report dated 20.09.1999 which was transmitted to Director Secondary Education. It is the further case of the writ petitioners as only paper work was being resorted to without being any concrete decision so the writ petitioners filed Writ Petition No. 29922 of 1999, Committee of Management, Mahatma Gandhi Inter College & 2 Others Vs. State of U.P. & Others in which after following the earlier judgments the writ petition was allowed and mandamus was issued to the respondents to pay the primary section of the college the maintenance granted in accordance with the Government Order dated 06.09.1989 and to pay the salary to the teachers in primary section. According to the writ petitioners the said order was subject matter of challenge in Special Appeal No. 187 of 2001 which was dismissed on 03.07.2022 subject to the condition that the payment shall be made from the year. It is further the case of the writ petitioners that in compliance of the said order on 05.08.2004, Secretary, Secondary Education directed the Director Secondary Education to accord payment of salary to the teacher in compliance of the Court order and thereafter on 07.04.2004 the District Inspector of Schools Maharajganj was directed by the Secretary, Secondary Education to comply with the order and on 12.04.2004 the petitioner No. 1 submitted all the relevant documents and the list of the teachers before the District Inspector of Schools Maharajganj, however, again the order of the Writ Court was not being complied with faced with the circumstances the writ petitioners preferred Contempt Petition No. 1434 of 2003 which came to be disposed of on 27.05.2004 while directing of District Inspector of Schools to assure payment to all the bona fide teachers of the institution subject to fulfillment of prescribed condition within one month and so far as the teachers who have not held entitled to payment of salary the District Inspector of Schools shall also consider the report and pass orders thereon. It is further the case of the writ petitioners that on 18.08.2004 the claim of the writ petitioners were rejected by the District Inspector of Schools against which the writ petitioners preferred Writ Petition No. 44095 of 2004 which came to be allowed by this Court on 02.09.2008 while setting aside the order impugned therein and remitting the matter back to the District Inspector of Schools to pass fresh order in compliance of the principles of natural justice. It is the further case of the writ petitioners that in similar circumstances with respect to the other institutions who were sailing on the same boat denied the said benefits on challenge before this Court got successful against which the State of U.P. preferred Civil Appeal No. 3989 of 2006 (State of U.P. Vs. Pawan Kumar Dwivedi) wherein the issue was laid to rest by virtue of the order dated 2nd September, 2014 according to the writ petitioners despite the fact that the writ petitioners have completed all the formalities as prescribed therein but no decision with regard to the payment of salary to the petitioners Nos. 2 and 3 and for according approval in this regard has been taken and thus, a direction is being sought against the District Inspector of Schools Maharajganj to ensure payment of salary to the teachers from the primary section in the petitioner No. 1 institution.
Sri Jatav, learned Additional Chief Standing Counsel who appears for the respondents submits that the issues which are being sought to be raised by the writ petitioners at the very first instance are to be redressed by the third respondent while taking a conscious decision in this regard. It is the further stand of Sri Jatav who appears for the State respondents that various factual issues have also been raised which needs consideration at that level. According to him he does not propose to file any response and according to him the writ petition be disposed of requiring the writ petitioners to prefer a comprehensive representation along with the self attested copy of the writ petition before the third respondent who shall accord consideration to the same within three months from the date of the presentation of the said order.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of without seeking any response from the respondents granting liberty to the writ petitioner to prefer a comprehensive representation before the third respondent, District Inspector of Schools, Maharajganj, District Maharajganj who shall on the receipt of the same proceed to examine the claim of the writ petitioners strictly in accordance with law as well as the Acts and the Rules and the Government Orders governing the field within a period of three months and shall accord consideration to each and every aspect of the matter.
Subject to the same, the writ petition stands disposed of.
Needless to point out that the writ petition has been decided on ex parte version without seeking any response, thus, passing of this order may not be construed to be an expression that this Court has adjudicated on the merits of the matter.
Order Date :- 12.7.2023
Rajesh
