Petitioner sought salary for commercial teacher. Court dismissed petition as frivolous noting petitioner was never appointed as teacher.
Petitioner to be directed to pay salary as commercial teacher.
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Court No. - 5
Case :- WRIT - A No. - 18425 of 2019
Petitioner :- Smt. Andita Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash Ojha,Rabindra Nath Ojha Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner, learned standing counsel for State-respondents and learned counsel for the respondent No.6.
This writ petition has been filed praying for a direction to the respondents to pay to the petitioner the salary for the commercial teacher.
Perusal of the writ petition shows that the petitioner was never appointed as teacher. Her alleged representation dated 27.08.2007 shows that she claimed that she is working on honorarium basis since the year 1993 and she has not been paid honorarium. In her subsequent alleged representation, she started alleging herself to be a teacher of Rashtriya Inter College, Bairia, Ballia. A report dated 23.08.2018 has been sent by the District Inspector of Schools, Ballia to the Director of Education (Madhyamik) that the commercial education trend was not conducted in the aforesaid institution.
In view of the facts as briefly noted above, the instant writ petition is a frivolous petition. No direction for payment of salary to the petitioner as teacher can be issued.
In view of the aforesaid, the writ petition is dismissed .
Order Date :- 3.12.2019 NLY
2 issues framed by the court
Whether a direction can be issued for payment of salary to the petitioner who was never appointed as a teacher.
Whether the petition filed by the petitioner is maintainable given the lack of appointment.
Smt. Andita Pandey
State Of U.P.
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
