Faisal Ahmad v. State of Up and 3 Others

Court No. - 7

Case :- WRIT - A No. - 10501 of 2024

Petitioner :- Faisal Ahmad Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ved Byas Mishra Counsel for Respondent :- C.S.C.

Hon'ble Prakash Padia,J.

1. The petitioner has preferred the present petition inter alia with the following prayer:-

"1. issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 and 3 to pay salary of the petitioner with effect from March, 2024 to till date and continue to pay salary regularly when it falls due,"

1. It is argued by learned counsel for the petitioner that petitioner was initially appointed on the post of Clerk in the year 2008 to the Institution namely, Anjuman Junior High School, Malviya Road Deoria and he was getting salary under the provisions of U.P. Junior High School (Payment of Salaries of Teachers and Other Employees) Act, 1978. Pursuant to the same, the petitioner has received the salary from his appointment to till February, 2024. The Headmaster of the Institution had sent a letter dated 14.03.2024, directing him to submit an affidavit as to whether he has any blood relation with the then office bearers of the Committee of Management of the Institution or not. Reply to the aforesaid has been submitted by the petitioner on 18.03.2024 along with notarized affidavit. Thereafter, the Manager of the Institution had sent a letter to the Finance and Accounts Officer in the Office of District Basic Education Officer, Deoria on 12.04.2024. stating therein that pursuant to the letter of the Headmaster dated 14.03.2024, the petitioner has submitted a reply to the aforesaid letter, thereafter an Enquiry Committee has been constituted and it is also stated in the letter sent by the Manager that till conclusion of the enquiry, the salary of the petitioner has been stopped without any valid reason. It is further argued that the decision taken by the Manager of the Institution stopping the salary of the petitioner is without any valid reason.