This single-paragraph order directed the Social Welfare Officer to decide the petitioner's representation regarding salary and afford an opportunity of hearing to one respondent.
Direction to Social Welfare Officer to decide representation and afford hearing opportunity to respondent.
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Court No. - 35
Case :- WRIT - A No. - 3027 of 2020
Petitioner :- Markandey Ram Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sudhir Kumar Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Ram
Hon'ble Vivek Agarwal,J.
None for the petitioner. Sri Vijay Pratap Singh, learned Standing Counsel for the State is present.
This writ petition has been filed seeking a direction to the Social Welfare Officer, District-Mau to decide the petitioner's representation dated 26.12.2019 in regard to non-payment of salary.
Without commenting on the entitlement or otherwise of the petitioner, this petition can be disposed of with a direction to the Social Welfare Officer, District-Mau to decide the petitioner's representation, in case petitioner files a copy of the petition along with his representation within 15 days from today through a speaking order within further period of 30 days.
At this stage, Sri Ashok Kumar, Advocate appears for respondent no.3 and submits that petitioner had furnished his resignation on 30.03.2015, which was accepted by the Manager of the concerned School and, therefore, after giving resignation, nothing survives for adjudication, inasmuch as, resignation was accepted.
However, it is a matter of dispute, whether the resignation could have been accepted immediately or there was requirement for the concerned school to convene the meeting of the Management Committee. Therefore, keeping all the objections taken by the respondent no.3 intact, it is directed that respondent No.2 shall also afford an opportunity of hearing to the respondent no.3 before deciding the representation of the petitioner.
In above terms, Petition is disposed off.
Order Date :- 28.9.2021 Ashutosh
2 issues framed by the court
Whether the Social Welfare Officer must decide the petitioner's representation regarding non-payment of salary.
Whether the Social Welfare Officer required to afford an opportunity of hearing to the respondent before deciding the representation.
Markandey Ram
State Of U.P.
Vivek Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
