Disposed

Smt. Madhuri Singh and 78 Ors. v. State of U.P. and 4 Ors.

Allahabad HC30 Jan 2019WRIA/38055/2016

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What is this about?

This court disposed of a petition seeking salary fixation for teachers by referring petitioners to the District Basic Education Officer to approach regarding their grievance, treating it as identical to a previous case where similar reference was ordered.

What did the court decide?

Petition disposed directing petitioners to approach District Basic Education Officer; authority instructed to examine claim within four months.

Smt. Madhuri Singh and 78 Ors. Vs State of… — Pension and Retirement Benefits | Allahabad HC (2019)

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Court No. - 18

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Case :- WRIT - A No. - 38055 of 2016

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Petitioner :- Smt. Madhuri Singh And 78 Ors. Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Indra Raj Singh,Dharmraj Chaudhary Counsel for Respondent :- C.S.C.,Awadhesh Kumar

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Hon'ble Prakash Padia,J.

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Heard Sri Indra Raj Singh, learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent nos.1 and 2. Sri Awadhesh Kumar, learned counsel has accepted notice on behalf of respondent nos.3, 4 and 5.

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No useful purpose would be served in keeping the writ petition pending hence with the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.

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The present writ petition was filed by the petitioners with the following prayer:-

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"I. Issue a writ, order or direction in the nature of Mandamus, commanding the respondent no.4-District Basic Education Officer, Basti to consider fixation of salary of petitioners in the scale of Rs.17,140/- on the post of Headmaster, Junior Basic School/Assistant Teacher, Senior Basic School from due dates and to pay accordingly, within stipulated time, as may be fixed by the Hon'ble Court."

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It is admitted by learned counsel for the parties that the controversy involved in the present writ petition is identical as in Writ A No.27887 of 2018 (Alok Kumar Singh and 45 others Vs. State of U.P. and 3 others) decided on 07.1.2019. The order dated 07.1.2019 is reproduced below:-

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"It is alleged that petitioners were promoted in the year 2011 vide order dated 19th May, 2011 to the post of Assistant Teacher in Senior Basic School/Headmaster of Junior Basic School. Their grievance is that promotional pay scale has been extended to them only from the year 2016, and that the denial of promotional pay scale from the date they assumed charge pursuant to order of promotion till the year 2016 is arbitrary. It is also submitted that persons who have been directly appointed against same post are drawing higher salary. In respect of such grievance, petitioners have already represented before the Director, Basic Education, but a decision is yet to be taken in the matter.

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Learned Standing Counsel as well as Sri Manu Singh for the respondents states that all such grievance of petitioners shall be examined by the authority concerned, at the first instance.

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In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioners to approach respondent no.3, in

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respect of their grievance annexing all relevant materials in support of their claim, alongwith certified copy of this order, within two weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned, in accordance with law, by passing an appropriate order, within a further period of four months, thereafter."

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In the circumstances, the present writ petition is disposed of directing the petitioners to approach respondent no.4/District Basic Education Officer, Basti, in respect of their grievances annexing all relevant materials in support of their claim, alongwith certified copy of this order, within two weeks from today. In case such a claim is raised, the same shall be examined by the authority concerned, in accordance with law, by passing an appropriate order, within a further period of four months, thereafter.

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Order Date :- 30.1.2019 Pramod Tripathi

Smt. Madhuri Singh and 78 Ors. v. State of U.P. and 4 Ors.

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Smt. Madhuri Singh and 78 Ors. v. State of U.P. and 4 Ors.

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