Disposed

C/M Sanatan Dharam Junior High School and Another v. State of U.P. and 5 Others

Allahabad HC6 Feb 2020WRIC/4360/2020

Case brief

AI extract

What is this about?

This writ petition challenged an order directing salary payment via single operation for lack of hearing. The court disposed of the petition, permitting the petitioner to represent grievances and submit an undertaking to pay salaries within two weeks, allowing authorities one month to pass appropriate orders.

What did the court decide?

Permission to the petitioner to represent grievance and submit undertaking before the authority for subsequent verification and appropriate orders.

C/M Sanatan Dharam Junior High… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 39

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Case :- WRIT - C No. - 4360 of 2020

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Petitioner :- C/M Sanatan Dharam Junior High School And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Deepak Kumar Kulshrestha Counsel for Respondent :- C.S.C.

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Hon'ble Ashwani Kumar Mishra,J.

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An order passed by the District Basic Education Officer, Firozabad, dated 9.8.2018, directing payment of salary in the institution to be made by single operation is challenged in this petition.

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The order is assailed on the ground that due opportunity of hearing has not been given to the petitioner and its reply has not been considered. It is also submitted that despite expiry of sufficient time after removal of defects pointed out earlier the management is not being restored. Submission is that petitioner would give an undertaking to submit salary bills and the District Basic Education Officer be directed to re-consider the matter.

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Learned Standing Counsel submits that in case a representation is made by the petitioner substantiating its contention that defects have been removed and furnishes an undertaking that he shall submit salary bills, the authority concerned shall pass appropriate orders as per law.

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In view of the above, this writ petition stands disposed of by permitting the petitioner to represent its grievance before respondent no.2, alongwith certified copy of this order, annexing all materials in respect of its grievance, within two weeks from today. The authority concerned shall get the facts verified and if it is found that defects pointed out earlier have been removed and petitioner also submits an undertaking to submit salary bills of duly appointed teachers and staff, it shall proceed to pass appropriate orders in accordance with law, within a further period of two months, thereafter. The order under challenge in this petition shall remain subject to fresh orders to be passed by the authority concerned, as indicated above.

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Order Date :- 6.2.2020 Ashok Kr.

C/M Sanatan Dharam Junior High School and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

C/M Sanatan Dharam Junior High School and Another v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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