Summary dismissed as not maintainable a PIL seeking quashing of an order and direction for salary payment under the U.P. Junior High School Act.
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Court No. - 1
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 69 of 2023
Petitioner :- U.P. Senior Basic Shikshak Mahasabha Thru. President, Ankur Chaudhari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Prin. Secy. Basic Edu. And 2 Others Counsel for Petitioner :- Piyush Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ramesh Sinha,J. Hon'ble Subhash Vidyarthi,J.
Heard Shri Amit Mishra, Advocate, holding brief of Shri Piyush Mishra, learned Counsel for the petitioners and Shri Amitabh Kumar Rai, learned Additional Standing Counsel for the Staterespondents.
By means of the instant petition in the form of P.I.L. the petitioner seeks direction in the nature of certiorari to quash the impugned order dated 16.07.2022, issued by Director of Education (Basic), Uttar Pradesh, Lucknow and to command the respondents to extend the benefit of U.P. Junior High School (Payment and Salaries of Teachers and other Employees) Act, 1978 which relates to the petitioners and make payment of salary from the State Exchequer to them who are working under the recognized Junior High School of the State of Uttar Pradesh.
Learned Additional Chief Standing Counsel for the Staterespondents submits that the instant writ petition is not maintainable in pursuance of the prayers made therein, to which learned Counsel for the petitioner could not give a satisfactory reply.
In view of the above, the instant PIL is, accordingly, dismissed as not maintainable with liberty to the petitioner to avail appropriate remedy as available to him under law.
(Subhash Vidyarthi, J.) (Ramesh Sinha, J.)
Order Date :- 1.2.2023 Anand Sri./-
Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
U.P. Senior Basic Shikshak Mahasabha
State Of U.P.
Ramesh Sinha
Subhash Vidyarthi
As recorded by the court registry
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