Court No. - 18 Case :- WRIT - A No. - 41391 of 2010 Petitioner :- C/M. Adarsh Inter College Daula, Trhu Its Manager Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Santosh Kumar Srivasava,Smt. Alka Srivastava Respondent Counsel :- C.S.C. Hon'ble Arun Tandon,J.
Standing Counsel accepts notice on behalf of respondent nos. 1 to 4.
Issue notice to respondent no. 5 fixing 31st August, 2010 as the date.
Petitioner to take steps within one week. All the respondents may file counter
affidavit by the next date fixed.
List on the date fixed.
Counsel for the petitioner submits that the High Court under an order dated
18.11.2009 passed in Writ Petition No. 61378 of 2009 had specifically
observed that in case an employee has been dismissed, there can be no claim
for payment of salary or revised pay scale. It is further pointed out that
respondent no. 5 is involved in embezzlement of money of the institution and
it is for this purpose his dues have been withheld. The Deputy Director of
Education has, however, directed that since there is no order for withholding
the amount of General Provident Fund, the committee must release the
payment thereof.
I am of the opinion that the matter does require enquiry by this Court.
Till the next date of listing no action shall be taken in pursuance to the order
of the Deputy Director of Education dated 11th June, 2010.
Order Date :- 21.7.2010
Pkb/