Allahabad High Court
Subhash Chandra vs State Of U.P. And 4 Others on 25 September, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:185969
Court No. - 35
Case :- WRIT - A No. - 15888 of 2023
Petitioner :- Subhash Chandra
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Vikas Budhwar,J.
Heard Sri N.L. Pandey, learned counsel for the writ petitioner, Sri Shailendra Singh, learned Standing Counsel, who appears for the respondent nos.1 to 5.
In view of the order, which is being proposed to be passed, notices are not being issued to the sixth respondent.
The case of the writ petitioner is that the sixth respondent, Committee of Management, Smt. Vinoba Inter College, Kannauj, Jankhat, Kannauj is an institution, which was upgraded as High School in the year, 1993 and it has been put in grand-in-aid list up to Junior High School and the Payment of Salary Act, 1978, stands applicable.
As per the writ petitioner, he was appointed in dying-in-harness on 01.08.1995 on the post of Assistant Teacher, however he was granted selection grade on 13.12.2017 after completion of 10 years of satisfactory services and when the Head Master, Rajendra Prasad Pal superannuated on 31.03.2020, the writ petitioner being the senior most Assistant Teacher persuade to officiate as Head Master, pursuant to the resolution of the Committee of Management and the signatures were attested on 01.04.2020. The case of the writ petitioner is that despite the fact being officiating on the post of Head Master, since 01.04.2020 and his signature has been attested but he is not being made entitled to the payment of salary and enjoy the benefits referable to the said post.
According to the writ petitioner, his claim for payment of salary has been negated by the third respondent, District Inspector of Schools, Kannauj, by virtue of the communication dated 22.07.2023, while providing that the issue with regard to the payment of the salary is to be considered by the District Basic Education Officer, Kannauj as the institution in question is in grant-in-aid list in High School and since it is not in grant-in-aid list till intermediate, thus it is the District Basic Education Officer, Kannauj to take a call.
Questioning the order dated 22.07.2023, passed by the third respondent, District Inspector of Schools, Kannauj, the writ petitioner has filed the present writ petition.
Learned counsel for the writ petitioner seeks to rely upon the judgment in the case of Smt. Manju Awasthi and Others vs. State of U.P. and Others, reported in 2013 (3) ADJ 64, Ajay Pratap Rai vs. District Basic Education Officer, reported in 2007 (4) ADJ 357, State of U.P. vs. D.J. Varanasi, reported in 1981 UPLBEC 366 (FB), Special Appeal No.503 of 2019 (Committee of Management, Standard Inter College vs. State of U.P.), decided on 13.08.2019 as well as the judgment in the case of Rana Vijendra Pratap Singh vs. State of U.P., reported in 2019 (4) ALJ 99, in order to buttress the submission that once the institution stands upgraded, then it losses its original character prior to upgradation.
Sri Shailendra Singh, learned Standing Counsel, who appears for the respondent nos.1 to 5 on the other hand submits that since the issues has not been decided on merits, however the District Inspector of Schools, Kannauj has transmitted the matter to the District Basic Education Officer, Kannauj, thus according to him in view of the law so cited by the learned counsel for the writ petitioner, the District Inspector of Schools, Kannauj is the authority to decide the matter. He further submits that the matter be remitted back to the third respondent to decide the matter afresh and he does not propose to file any response to the writ petition.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed off in the following terms :-
a) The order dated 22.07.2023, passed by the third respondent, District Inspector of Schools, Kannauj is set aside;
b) The matter stands remitted to the District Inspector of Schools, Kannauj to decide the matter afresh within a period of three months from the date of the production of the certified copy of the order bearing in mind the entitlement of the writ petitioner for the payment of salary and the benefits, which he seeks to enjoy as officiating / adhoc Head Master after putting to notice the writ petitioner and the sixth respondent.
With the aforesaid observations, the writ petition stands partly allowed.
Order Date :- 25.9.2023
S Rawat
