Court disposed of writ petition regarding delay in salary payment due to unverified B.Ed. certificate. Directed University to verify certificate and institution to decide on salary payment within specified timelines, imposing daily damages for delay.
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Court No. - 7 Case :- WRIT - A No. - 12346 of 2018 Petitioner :- Shivani Mishra Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akarsh Dwivedi,Raghuvansh Misra Counsel for Respondent :- C.S.C.,Vivek Verma
Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Akarsh Dwivedi, learned counsel for the petitioner, Sri R.P. Dubey, learned Additional Chief Standing Counsel for the respondent nos. 1, 2 and 3 and Sri Vivek Verma, learned counsel for the respondent no.5.
On 22.5.2018, this court passed the following order:
"Learned counsel representing respondent no.5 shall obtain instructions from the concerned University about genuineness of petitioner's B.Ed. certificate, by the next date fixed.
Post as fresh once again on 29.5.2018."
Today, Sri Vivek Verma, learned counsel for the respondent no.5, states on instructions that respondent no.5 has verified B.Ed. degree of the petitioner for B.Ed. examination 2013 and it has been found to be genuine.
It appears by order dated 27.6.2017, passed by the respondent no.3, the respondent no.4 was directed to send intimation of joining of the petitioner as trained graduate teacher and take action for payment of her salary after due verification of the Educational Certificates. An appointment letter dated 29.7.2017 was issued by the District Magistrate Mainpuri/Authorised Controller of the institution. Thereafter, the petitioner had joined at the place of her posting in the respondent no.4 institution. The Principal of the institution has certified on 9.4.2018 that payment of salary of the petitioner has not been made since her B.ED. certificate could not be verified.
Since the learned counsel for the respondent no.4 has stated before this Court that B.Ed degree of the petitioner has been verified by the respondent no.5 and as such the objection as raised by the Principal of the respondent no.4 - Institution, does not appear to be surviving.
In view of the aforesaid, this writ petition is disposed of with a direction to the respondent no.5 to send a verification report to the respondent no.4 within a week from the date of production of a certified copy of this order by the petitioner. The respondent no.4 is directed to take appropriate decision in accordance with law, in the matter of salary of the petitioner within two weeks of the receipt of the verification report from the respondent no.5. In case of failure of the respondent 5 or the respondent no.4 in complying with the direction of this Court as aforesaid, they shall be liable to pay damages to the petitioner @ Rs.1000/- per day for every day of delay which shall be recovered from the respondent no.4 or the respondent no.5 who may be responsible for delay.
Order Date :- 6.7.2018/vkg
3 issues framed by the court
Whether petitioner is entitled to salary after verification of educational certificates.
Directions to verify B.Ed. certificate and decide on salary payment.
Liability for damages in case of delay in complying with court directions.
1 provisions across 1 enactments
Shivani Mishra
State Of U.P.
Respondent no. 4
Respondent no. 5
Surya Prakash Kesarwani
As recorded by the court registry
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