Directions issued to Principal Secretary to consider petitioner's salary proposal from State fund for an aided education institution teacher within three months, following recommendations from lower officers.
Direction to Principal Secretary to consider proposal for salary payment from State fund within three months.
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Court No. - 5
Case :- WRIT - A No. - 16720 of 2019
Petitioner :- Smt. Deepmala Pathak Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashwani Kumar Rai Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for respondent nos. 1 to 3 and Sri Pranesh Dutt Tripathi, learned counsel for the respondent no. 4.
Learned counsel for the petitioner has submitted that pursuant to advertisement dated 21.05.2010 published by respondent no. 5, the petitioners have submitted applications. A selection committee was constituted and interview was conducted on 19.06.2010 in which total 3 candidates were appeared and a quality point chart was prepared by the selection committee. Appointment of the petitioner was also approved by the Committee of Management of respondent no. 5 by resolution dated 23.06.2010 and the same was sent to the District Basic Education Officer, Mau for approval, which was approved by the District Basic Education Officer, Mau vide order dated 24.08.2010 and accordingly, appointment letters were issued to the petitioner. Pursuant to appointment letters, the petitioners have submitted their joining in the institution on 22.06.2010. He further submitted that institution was granted aid from the State Government and it is receiving grant through Social Welfare Department from 31.3.1989 and teachers working in the institution are entitled to get salary from the State fund, therefore, Management forwarded all the requisite papers to the District Social Welfare Officer, Mau for payment of salary of the petitioner. He next submitted that the respondent no. 3- District Social Welfare Officer, Mau has recommended the case of the petitioner for approval to the respondent no. 2-Director Social Welfare, Government of U.P., Lucknow vide his letter dated 23.03.2011 and 02.06.2017. After receiving the letter of respondent no. 3, the respondent no. 2 vide letter dated 21.12.2017 has sent the matter of the petitioner for approval to respondent no. 1-Principal Secretary, Social Welfare, Government of U.P., Lucknow, but till date no decision has been taken by respondent no. 1. Lastly, he submitted that a suitable direction may be issued to respondent no. 1-Principal Secretary, Social Welfare, Government of U.P., Lucknow to consider the case of the petitioners in light of recommendations made by respondent nos. 2 and 3 and accord approval for
payment of salary from the State fund for which learned counsel for the respondents have no objection.
Considering the facts and circumstances of the case, this petition is disposed of with a direction to the respondent no. 1- Principal Secretary, Social Welfare, Government of U.P., Lucknow to consider the proposal submitted by respondent no. 2-Director Social Welfare, Government of U.P., Lucknow vide letter dated 21.12.2017 and take decision in the matter of petitioners strictly in accordance with law within three months from the date of production of certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.1 to decide the case of the petitioners after considering the facts as well as relevant Rules and Government Order etc. occupying the field.
Order Date :- 22.10.2019 Swati
1 issue framed by the court
Whether to direct the Principal Secretary to approve salary payment from State fund for an aided institution teacher.
Smt. Deepmala Pathak
Director Social Welfare, Government of U.P.
Principal Secretary, Social Welfare, Government of U.P.
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
