Disposed

C/M Babu Singh Vidhyalaya v. State of U.P. and 4 Others

Allahabad HC2 May 2019SPLA/538/2019

Case brief

AI extract

What is this about?

The court disposed of a special appeal by a committee of management challenging a single judge order directing an enquiry on salary liability. The special appeal in question remains pending. No interference was granted as the District Basic Education Officer assured imminent salary disbursement and no illegality was found.

What did the court decide?

Special appeal disposed of with a declaration that the order is subject to the pending Special Appeal No.480 of 2018.

C/M Babu Singh Vidhyalaya Vs State of U.P… — Pension and Retirement Benefits | Allahabad HC (2019)

¶1

Court No. - 21

¶2

Case :- SPECIAL APPEAL No. - 538 of 2019 Appellant :- C/M Babu Singh Vidhyalaya Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Ram Autar Verma Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh,Sanjeev Kumar Pandey

¶3

Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.

¶4

This special appeal arises from a judgment of the learned Single Judge passed in Writ-C No.3298 of 2019 whereby the writ petition was disposed of with a direction to hold an enquiry and in case it is found that there was a fault on the part of the committee of management, the State shall not be fastened with liability for the payment of the respondents' salary.

¶5

The appellant is a committee of management which runs a recognized Educational Institutional, Babu Singh Vidhyalaya Mahmoodpur Khas in District Kannauj. The said institution is on the list of grant in aid of the State Government and is governed under the Uttar Pradesh Junior High Schools (Payment of Salary to Teachers and other Employees), Act, 1978.

¶6

Respondent-teachers preferred a writ petition No.29855 of 2013 ( Shailendra Kumar Yadav Vs. State of U.P. and 3 others ) for the direction upon the respondent to pay his salary. The said writ petition was allowed by this Court on 18.04.2018. The operative portion of the order reads as under:

¶7

"Since this writ petition is connected with the Writ petition no. 26782 of 2013 filed by the Committee of Management by the order of the court dated 24.5.2013 and the matter is being listed in the court together. That writ petition has been dismissed by this Court on 18.4.2018.

¶8

For reasons aforesaid, this writ petition is allowed and a mandamus is issued to the Respondent no.2-District Basic Education Officer, District Kannauj to ensure payment of salary to the petitioner month to month along with arrears w.e.f. October 2012 in terms of provisions of the Uttar Pradesh Junior High Schools (Payment of Salary to Teachers and other Employees) Act, 1978."

¶9

Dissatisfied with the judgment of the learned Single Judge dated 18th April, 2018, the committee of management has preferred a Special Appeal No.480 of 2018 ( Committee of Management & another vs. State of U.P. and 2 others ). It is stated that the said special appeal is still pending and no interim order has been passed.

¶10

The present writ petition has been filed by the respondent no.5/petitioner for the following relief:

¶11

"i. A writ order or direction in the nature of Mandamus directing the Distt. B.S.A., Kannauj to initiate proceedings to appoint Authorized Controller in Babu Singh Vidhyalaya, Mahmoodpur Khas, Chhibramau, Distt, Kannuaj."

¶12

Learned Single Judge after considering the pleadings of the parties, has issued a direction to hold an enquiry after giving opportunity to the concerned parties, and if it is found that the petitioner was not allowed to function by the committee of management without any justifiable reason, then the State shall not be fastened with the liability for the payment of the salary and if it is found that the committee of management was not at fault, the payment shall be made by the respondent authorities. The relevant part of the judgment of the learned Single judge reads as under:

¶13

"In case the enquiry finds that the petitioner was not able to join his duties and was consequently denied his salary with effect from 2012 till date of his joining in the year 2018 on account of the fault of the committee of management and any other officer, the respondent No.3-District Basic Education Officer, Kannauj shall take steps to recover the entire back-wages from the year 2012 till the date of his joining as arrears of land revenue from the committee of management as well as such officers.

¶14

The District Magistrate, Kannauj in that case would render all assistance to the District Basic Education Officer to recover amount from the committee of management and any other officer who is indicted as arrears of land revenue.

¶15

Moreover, since the stand taken on behalf of the District Basic Education Officer, Kannauj is that the arrears of salary of the petitioner shall be disbursed shortly, and the judgement of this Court for payment of arrears will be complied with accordingly.

¶16

With the above said directions and in terms of the statement of the learned counsel on behalf of the District Basic Education Officer, Kannauj, the writ petition is finally disposed off."

¶17

We have heard learned counsel for the appellants Shri Ramavtar Verma and Shri Ashok Khare for the respondents assisted by Shri J.P. Singh.

¶18

It is apt to note that the earlier writ petition of respondent No.5 has been allowed and appropriate direction has been issued for payment of his salary is subject to the Special Appeal No. 480 of 2018, which is still pending but no interim order has been passed.

¶19

In view of the above, we are of the opinion that the impugned order passed by learned single judge does not suffer from any illegality. Regard being to the fact that the stand taken by the District Basic Education Officer, Kannauj is that arrears of the salary of the respondent no.5 shall be disbursed shortly. We do not finding any good ground to interfere in the matter.

¶20

Accordingly, we decline to interfere in the matter. However, the order of the special appeal and the learned Single Judge shall be subject to the decision of the special appeal No.480 of 2018.

¶21

With the aforesaid observations, the special appeal is disposed of .

¶22

Order Date :- 2.5.2019 / A.N. Mishra

C/M Babu Singh Vidhyalaya v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

C/M Babu Singh Vidhyalaya v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Vinod Kumar Singh and Another Vs Greater Noida Industrial Development Authority

Nagar Nigam Bareilly and Another Vs Guru Prasad Saxena

Rajkumar and 3 Others Vs State of U.P. and 3 Others

siyawati Vs state of u.p. and 3 others

Krishna Kumar Vs State of U.P. and 3 Others

Arun Kumar Vs Union of India and 3 Others