Court No. - 26 Case :- WRIT - A No. - 5691 of 2010 Petitioner :- Raj Kumar & Others Respondent :- State Of U.P. & Others Petitioner Counsel :- S.P. Singh Respondent Counsel :- C.S.C. Hon'ble Shishir Kumar,J.
Learned Standing Counsel accepts notice on behalf of respondent
Nos. 1 to 5. Petitioners are permitted to serve respondents No.6 to
11 by registered post. Steps be taken within a period of one week.
All respondents may file counter affidavit within a period of one
month. Petitioners will have one week thereafter to file rejoinder
affidavit.
List immediately thereafter.
The petitioners claim that they were appointed and subsequently
approval was also granted to the appointment of the petitioners
immediately after the appointment. The petitioners were being
paid salary but the salary to the petitioners has been stopped on the
ground that the petitioners have done B.Ed. course by
correspondence, therefore, they were entitled to get salary. The
petitioners submit that in spite of the repeated requests and
representations to the relevant authorities, no orders have been
passed. Learned counsel for the petitioners has placed reliance
upon the judgment in W.P. no. 58830 of 2007, Smt. Kanchan
Bala and another V. State of U.P. and others in which in the
similar circumstances, this Court has passed an order that the
petitioners are at least entitled for salary as an untrained teacher.
In such circumstances, it is provided that till further orders of this
Court as petitioners are working on the post of teacher they will be
entitled to get salary at least as untrained teacher by the
respondents.
Order Date :- 4.2.2010
V.Sri/-