Disposed

Vasudha Singh and 7 Others v. State of U.P. Thru. Prin. Secy. (Secondary Education) U.P. Lko. and 4 Others

Allahabad HC3 Dec 2024WRIA/11535/2024

Case brief

AI extract

What is this about?

Assistant Teachers challenged stoppage of their salaries ordered by the District Inspector of Schools on allegations of fraudulent appointments. The Court noted the same order was already stayed by a coordinate bench and, invoking parity in interim orders, stayed its effect for these petitioners too.

What did the court decide?

Effect and operation of order dated 09.09.2024 stayed; petitioners allowed to continue and be paid salary.

Vasudha Singh and 7 Others vs State of U.P. Thru… — Service and Employment | Allahabad HC (2024)

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Court No. - 5

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Case :- WRIT - A No. - 11535 of 2024 Petitioner :- Vasudha Singh And 7 Others Respondent :- State Of U.P. Thru. Prin. Secy. (Secondary Education) U.P. Lko. And 4 Others Counsel for Petitioner :- Madhukar Ojha Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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1. Heard learned counsel for the petitioners and Shri Rishabh Tripathi, learned Standing Counsel for the respondents no. 1 to 4.

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2. Learned counsel for the parties states that a detailed order has been passed by this Court, which for the sake of convenience, is reproduced below:

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"1. Heard.

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2. Contention of the learned counsel for the petitioners is that all the petitioners are Assistant Teachers. Their salary has been stopped as would be apparent from perusal of the salary bills, copies of which are part of Annexure-1 to the petition. The said salary bills are though with respect of various persons but indicate that no salary is disbursed to the persons at various serial numbers which pertains to the petitioners.

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3. Contention is that the communication dated 09.09.2024, a copy of which is Annexure-1 to the petition, had been sent by the D.I.O.S. Balia to the Additional Chief Secretary (Madhyamik) indicating fraud having been committed with regard to payment of salaries to various persons who have been appointed in irregular manner.

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4. Learned counsel for the petitioners submits that the order dated 09.09.2024 passed by the District Inspector of Schools, Balia has already been stayed by a coordinate Bench of this Court at Allahabad in Writ A No.16766 of 2024 In re Shri Parakash Pal & 3 Ors vs State of U.P. & 4 Ors vide order dated 24.10.2024.

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5. The contention is that aforesaid order dated 09.09.2024 has itself been stayed and no reason emerges as to why salary of the petitioner has been stopped. Even otherwise salary of the petitioner cannot be stopped in any view of the matter consequently the petitioners are entitled for being paid salary.

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6. Learned Standing Counsel prays for and is granted a week's time to seek instructions in the matter.

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7. List in the week commencing 16.12.2024 as fresh."

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3. Today, Shri Rishabh Tripathi, learned Standing Counsel on the basis of instructions sent by the D.I.O.S., Ballia states that as the appointment of the petitioners has been found to be violative of Section 16(1) of the U.P. Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as the Act, 1982), consequently orders have been passed for stoppage of salary.

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4. The aforesaid statement is found to be patently misconceived in as much as perusal of order impugned dated 09.09.2024 as impugned in the instant writ petition would indicate that the order for stoppage of salary has been passed considering that various appointments had been made on fraudulent basis.

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5. Incidentally, the said order dated 09.09.2024, a copy of which is annexure 1 to the writ petition, has already been stayed by a Coordinate bench of this Court at Allahabad in Writ A No. 16766 of 2024 in re: Shri Prakash Pal and others vs State of U.P. and others vide order 24.10.2024. Thus, once the order impugned dated 09.09.2024 has itself been stayed by Coordinate bench of this Court at Allahabad and the Court has further directed that the petitioners shall be permitted to continue and shall be paid salary consequently there does not appear to be any occasion for taking a different view from that taken by this Court in the case of Shri Prakash Pal (supra) vide order dated 24.10.2024 in as much as Hon'ble Supreme Court in the case of Vishnu Traders vs State of Haryana, 1995 Supp1 SCC 461 has held that there should be parity in interim orders.

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6. Considering the aforesaid as well as interim order of this Court passed in Shri Prakash Pal (supra) and the judgement of Hon'ble Supreme Court in the case of Vishnu traders (supra) , a prima facie case for interference is made out.

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7. Consequently, until further orders, the effect and operation of order dated 09.09.2024, a copy of which is annexure 1 to the writ petition, shall remain stayed. The petitioners shall be permitted to continue and be paid salary.

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8. Learned Standing Counsel prays for and is granted four weeks' time to file a counter affidavit to which rejoinder affidavit may be filed within next two weeks.

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9. List thereafter.

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Order Date :- 17.12.2024 J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Vasudha Singh and 7 Others v. State of U.P. Thru. Prin. Secy. (Secondary Education) U.P. Lko. and 4 Others

Case brief

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Vasudha Singh and 7 Others v. State of U.P. Thru. Prin. Secy. (Secondary Education) U.P. Lko. and 4 Others

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