Partly allowed

Vaibhav Kumar Upadhyay and 5 Others v. State of U.P. and 5 Others

Allahabad HC21 Aug 2023WRIA/3645/2020

Case brief

AI extract

What is this about?

The Allahabad High Court addressed a writ petition regarding non-payment of salary to appointed Assistant Teachers. The court quashed an order passed without a hearing and remanded the matter for a fresh decision after affording an opportunity of hearing to the petitioners.

What did the court decide?

Order dated 19.12.2019 by Regional Assistant Director (Basic Education) quashed; matter remanded to pass order after providing opportunity of hearing within two months.

Vaibhav Kumar Upadhyay and 5 Others Vs… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:167992

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Court No. - 36

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Case :- WRIT - A No. - 3645 of 2020

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Petitioner :- Vaibhav Kumar Upadhyay And 5 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain Counsel for Respondent :- C.S.C.,Sharad Chandra

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Hon'ble Manjive Shukla,J.

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Heard Sri G.K. Singh, learned Senior Advocate, assisted by Sri H.P. Sahi, learned counsel appearing for the petitioners, learned Standing Counsel appearing for the Respondents No. 1 to 5 and Sri Prabhakar Awasthi, learned counsel appearing for the Respondent No. 6.

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Learned Senior Advocate appearing for the petitioners has submitted that the petitioners were appointed as Assistant Teachers in Saliq Ram Gram Sabha Junior High School Karauliya, District Budaun after following due procedure prescribed under the rules. It has been further submitted that appointments of the petitioners were duly approved by the District Basic Education Officer but when the institution was taken on grant-in-aid list, petitioners were not paid salary.

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Learned senior Advocate appearing for the petitioners has further submitted that since the petitioners were not paid salary, they filed Writ-A No.60308 of 2017 (Vaibhav Kumar Upadhyay and 6 others Vs. State of U.P. and 3 others) and this court finally decided the said writ petition vide order dated 15.12.2017, whereby direction was issued to the Regional Assistant Director (Basic Education) to consider the case of the petitioners and take a decision in the matter in respect of payment of salary to the petitioners.

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Learned Senior Advocate has vehemently argued that in compliance of the aforesaid order dated 15.12.2017 passed in Writ-A No.60308 of 2017, order has been passed by the Regional Assistant Director (Basic Education), Bareilly Region, Bareilly on 9.1.2019 but a bare perusal of the said order reflects that the petitioners, at no point of time, have been given opportunity of hearing.

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Learned Senior Advocate has also argued that the order dated 19.12.2019 passed by the Regional Assistant Director (Basic Education), Bareilly Region, Bareilly is in gross violation of the principals of natural justice.

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On specific query put to learned Standing Counsel in respect of the fact as to whether opportunity of hearing has been provided to the petitioners before passing the order dated 19.12.2019, learned Standing Counsel has fairly admitted that the opportunity of hearing to the petitioners has not been provided.

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I have considered the rival submissions advanced by the learned counsels appearing for the parties and from the record I find that the Assistant Director (Basic Education), Bareilly Region, Bareilly while passing the order dated 19.12.2019, which is impugned in the present writ petition, has not afforded opportunity of hearing to the petitioners and, therefore, the said order cannot sustain in the eyes of law.

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In view of the aforesaid reasons, this writ petition is allowed. Order dated 19.12.2019 passed by the Regional Assistant Director (Basic Education), Bareilly Region, Bareilly is quashed. Matter is remanded to the Regional Assistant Director (Basic Education), Bareilly Region, Bareilly to consider the case of the petitioners afresh and pass necessary order after providing opportunity of hearing to petitioners as well as Committee of Management of Saliq Ram Gram Sabha Junior High School Karauliya, District Budaun. The aforesaid order shall be passed within a period of two months from the date of presentation of certified copy of this order.

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Order Date :- 21.8.2023 n.u.

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Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad

Vaibhav Kumar Upadhyay and 5 Others v. State of U.P. and 5 Others

Case brief

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Vaibhav Kumar Upadhyay and 5 Others v. State of U.P. and 5 Others

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