Allowed

Renu Devi v. State of U.P. and 3 Others

Allahabad HC21 Apr 2022WRIA/3047/2022

Case brief

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What is this about?

This writ petition seeks a direction for the payment of regular salary to an Assistant Teacher whose salary was withheld during a pending inquiry. The High Court directed the District Basic Education Officer to release arrears and current salary until a new adverse order is passed, given prior inquiries favored the petitioner.

What did the court decide?

Respondent No. 2 directed to release arrears of salary within four weeks and pay current salary pending any adverse order passed in accordance with law.

Renu Devi Vs State of U.P. and 3 Others — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 32

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Case :- WRIT - A No. - 3047 of 2022

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Petitioner :- Renu Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Lal Mishra,Vinay Kumar Dwivedi Counsel for Respondent :- C.S.C.,Shiv Sagar Singh

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Hon'ble Siddharth,J.

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Heard Sri Rahul Sripat, learned Senior Counsel assisted by Sri Ram Lal Mishra, learned counsels for the petitioner; learned Standing Counsel appearing on behalf of respondent nos. 1, 2 & 3 and Sri Shiv Sagar Singh, learned counsel for respondent no.4.

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This writ petition has been filed praying for direction to the respondents to pay the regular salary to the petitioner as and when it false due in the light of the order dated 26.10.2021 passed in Writ-A No. 11811 of 2021.

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The petitioner claims to have been appointed as Assistant Teacher in Junior High School, namely, Dr. Kashi Prasad Jaiswal Junior High School, Mirzapur, as per appointment order dated 10.9.2015. The aforesaid school duly recognized and covered under the provisions of U.P. Junior High School (Payment of Salary of Teachers and other Employees) Act, 1978. The petitioner joined her services on 15.9.2015 in the school and is working as Assistant Teacher till date. She has received salary upto April, 2019. The District Inspector of Schools, Mirzapur, withheld the payment of salary of the petitioner on account of pendency of inquiry against her by his order dated 22.5.2019 in pursuance of the order dated 21.5.2019 passed by the State Government. The inquiry was conducted on the allegations that the Head Master and two Assistant Teachers have not been appointed in accordance with the procedure in the institution. It was directed that the inquiry shall be conducted by Sri U.P. Singh, A.D.M., (Finance and Revenue). The aforesaid inquiry was concluded by the report dated 10.6.2019 in favour of the petitioner and the complaint made against the petitioner was found to be false and baseless.

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Earlier also the inquiry was conducted by the District Basic Education Officer, which was also decided in favour of the petitioner. Despite the inquiry reports being in

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favour of the petitioner her salary was not paid. Alongwith the petitioner Head Master of the institution was also subjected to inquiry and against him also nothing was found. Head Master, Manoj Kumar Chaubey, approached this Court praying for direction for release and disbursement of salary since May, 2019 by the respondents, which was disposed of directing the District Basic Education Officer, Mirzapur, to release the arrears of salary of the petitioner and also pay his current salary.

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Learned Standing Counsel has filed counter affidavit, wherein it has been stated that a report dated 20.7.2021 has been submitted by the Director General School Education to the Special Secretary, Basic Education state of U.P., wherein it has been held that the then Basic Shiksha Adhikari, Mirzapur, illegally granted approval to the petitioner. However, he has not been able to inform the Court about the action taken on the aforesaid report.

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Sri Shiv Sagar Singh, learned counsel for respondent no.4, Authorized Controller/Committee of Management of the institution, has also filed counter affidavit, but has not able to point out any adverse order passed against the petitioner till date.

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In view of the above, respondent no.2, District Basic Education Officer, Mirzapur, is directed to release the arrears of salary of the petitioner, within a period of four weeks from today and keep on paying his current salary till any adverse order is passed against the petitioner in accordance with law.

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This writ petition is allowed.

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Order Date :- 21.4.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.04.27 17:23:02 IST Reason: Location: High Court of Judicature at Allahabad

Renu Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Renu Devi v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

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