Quashed

Vijay Kumar Singh v. District Inspector of Schools Azamgarh and 3 Others

Allahabad HC22 Aug 2024WRIA/11045/2024

Case brief

AI extract

What is this about?

Petitioner, a class IV teacher, challenged withdrawal of salary approval granted previously. Court held withdrawal without notice violated natural justice and quashed the ex-parte order, remitting matter for fresh consideration after hearing.

What did the court decide?

Quashed order dated 18.06.2024; matter remitted to Respondent No. 1 to consider afresh after hearing petitioner within two weeks.

Vijay Kumar Singh vs District Inspector of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:134955

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Court No. - 9

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Case :- WRIT - A No. - 11045 of 2024

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Petitioner :- Vijay Kumar Singh Respondent :- District Inspector Of Schools Azamgarh And 3 Others Counsel for Petitioner :- Adarsh Singh,Deo Prakash Singh,Indra Raj Singh

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Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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Petitioner before this Court was appointed on class IV post in the institution known as Sri Durga Ji Sanskrit Mahavidyalaya, Chandeshwar, Azamgarh. He was not being paid salary, as such, Writ-A No. 11459 of 2018 was filed and on 09.05.2018 the said writ petition was disposed off directing the District Inspector of Schools, Azamgarh to consider the grievance of the petitioner and pass appropriate orders. Pursuant to the directions of this Court financial approval was granted in respect of payment of salary to the petitioner on 12.10.2022 by the District Inspector of Schools, Azamgarh. It appears that when salary was not paid another WritA No. 18794 of 2023 was filed which was disposed off on 08.11.2023. On non-compliance of the order of writ Court, Contempt Application (Civil) No. 3507 of 2024 was preferred by the petitioner pursuant to which the order impugned dated 18.06.2024 has been passed by the District Inspector of Schools, Azamgarh by which earlier financial approval granted in favour of petitioner has been withdrawn.

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Learned counsel for the petitioner submits that the order impugned is an ex-parte order and no notice was issued nor petitioner was heard before financial approval was withdrawn by the District Inspector of Schools, Azamgarh. He further contends that reliance placed by respondent no. 1 on the decision of Apex Court in Civil Appeal No. 865 of 2021 (State of U.P. & Ors. Vs. Principal Abhay Nandan Inter College & Ors.) is not applicable in the present case as that matter relates to the U.P. Intermediate Education Act 1921 while present matter is in regard to the State Universities Act.

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Learned Standing Counsel has opposed the writ petition by submitting that the decision has been taken by the authorities

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relying upon the decision of Apex Court passed in case of Principal Abhay Nandan Inter College (Supra).

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I have heard learned counsel for the parties and perused the material on record. From perusal of order impugned it is clear that financial approval has been withdrawn by respondent no. 1, which was granted earlier in the year 2022, without any notice to the petitioner, nor any opportunity of hearing has been provided to him which is violation of principle of natural justice.

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Considering the facts and circumstances of the case, the order impugned dated 18.06.2024 passed by the District Inspector of Schools, Azamgarh is hereby quashed. The matter is remitted to respondent no. 1, District Inspector of Schools, Azamgarh, to accord fresh consideration, in accordance with law, after hearing the petitioner, and pass necessary orders afresh within a period of two weeks from the date of production of a certified copy of this order before him.

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Writ petition stands partly allowed.

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Order Date :- 22.8.2024 Shekhar

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Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad

Vijay Kumar Singh v. District Inspector of Schools Azamgarh and 3 Others

Case brief

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Vijay Kumar Singh v. District Inspector of Schools Azamgarh and 3 Others

Case brief

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