Disposed

Ashok Kumar v. State of U.P. and 4 Others

Allahabad HC20 Dec 2022WRIA/21374/2022

Case brief

AI extract

What is this about?

This court disposed of a writ petition claiming balance salary over subsistence allowance. The High Court directed the District Inspector of Schools to verify facts from the Committee of Management and pass orders within two months after receiving the petitioner's representation.

What did the court decide?

Direction to District Inspector of Schools to verify facts from Committee of Management and pass orders disclosing reasons within two months.

Ashok Kumar Vs State of U.P. and 4 Others — Public Procurement and Tenders | Allahabad HC (2022)

¶1

Court No. - 36 Case :- WRIT - A No. - 21374 of 2022

¶2

Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.,Krishna Kumar Chand

¶3

Hon'ble Saumitra Dayal Singh,J.

¶4

Having heard learned counsel for the parties and having perused the record, it transpires, the petitioner is claiming balance of salary over the subsistence allowance for the year 2017-18. It is a fact that the suspension order was passed consequent to the domestic inquiry initiated against the petitioner by the Committee of Management, Sir Sriram Inter College, Daurala, Meerut. The said Committee of Management had proposed dismissal of the petitioner from the post of Assistant Teacher at the above described institution. However, UP Madhyamik Shiksha Secondary Chayan Board disapproved the punishment proposed by that Committee of Management vide his order dated 14.03.2016. Writ - A No. 57498 of 2016 filed by the Committee of Management against that order is still pending. However, no interim order has been passed therein.

¶5

In such fact, the petitioner claims entitlement to the balance of salary over subsistence allowance.

¶6

Inasmuch as the payment has to be first proposed by the Committee of Management and then approved by the DIOS, no useful purpose would be served in keeping the present petition pending as no such decision has been made by those authorities.

¶7

Considering the facts noted above, the present petition is disposed of with a direction, in case, the petitioner files a fresh representation before the respondent no.3/District Inspector of Schools, Meerut along with the personal affidavit annexing all relevant documents on which the petitioner seeks to rely, the said authority shall cause necessary enquiry to be made from the Committee of Management of the above described institution and verify true facts from its own record. Thereupon, appropriate orders may be passed disclosing the reasons within a period of two months from the date of compliance shown by the petitioner.

¶8

Order Date :- 20.12.2022 Prakhar

¶9

Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.12.21 10:12:42 IST Reason: Location: High Court of Judicature at Allahabad

Ashok Kumar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of U.P. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Dr. (Smt.) Seema Kodesiaa Vs State of U.P. and 3 Others

Pushpendra Pawar Vs State of U P and 7 Others

Madan Gopal Tripathi Vs State of U.P. and 3 Others

Harish Chandra Mirg Vs State of U.P. and 2 Others

Ved Ram Vs State of U.P. and 3 Others

C/M Haleem Muslim Post Graduate College and Another Vs State of U.P. and 2 Others