Court No. - 26 Case :- WRIT - A No. - 5294 of 2010 Petitioner :- Udai Singh & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- R.M. Saggi Respondent Counsel :- C.S.C.,Anshu Chaudhary Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioners and learned Standing Counsel
appearing for the respondents.
The grievance raised by the petitioners in the present writ petition is that in
spite of the fact that petitioners were appointed after following proper
procedure and after getting an approval for making appointment from the
District Inspector of Schools dated 10.07.2008, they are not being paid salary
from 27th February 2009. The case of the petitioners is that on the basis of
advertisement a Selection Committee was constituted and the petitioners were
given appointment, as such the relevant papers were sent to the District
Inspector of Schools for the purposes of forwarding it to the Joint Director of
Education. The District Inspector of Schools forwarded all the relevant papers
to the Joint Director of Education on 27.06.2009, but it appears that on the
basis of some complaints made by the erstwhile members of the Committee of
Management, the respondent did not pass any order and due to inaction of the
respondent salary to the petitioners is not being paid in spite of the fact that
they are working on said post.
After hearing learned counsel for the petitioners, learned Standing Counsel
and Sri Anshu Chaudhary, learned counsel appearing for the complainant, this
writ petition is being disposed of finally directing the respondent No.2 to take
a decision relating to appointment and payment of salary of the petitioners by
a speaking and reasoned order strictly in accordance with law on the basis of
the recommendations sent by the District Inspector of Schools within a period
of three weeks from the date of production of certified copy of this order.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 2.2.2010
NS