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C/M, SAHODARA KUNWAR SANSKRIT MAHAVIDYALAYA, & OTHERS versus JOINT DIRECTOR OF EDUCATION (MADHYAMIK) REGION, & OTHERS

High Court of Judicature at Allahabad

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C/M, Sahodara Kunwar Sanskrit Mahavidyalaya, & Others v. Joint Director Of Education (Madhyamik) Region, & Others - WRIT - A No. 35450 of 2002 [2006] RD-AH 8851 (3 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON. SHISHIR KUMAR, J.

By means of the present writ petition, the petitioner has approached this Court for issuing a writ of mandamus directing the respondents to consider the representations of the petitioners dated 30.12.2000, Annexure-7, followed by reminders dated 10.12.2001, Annexure-8 and 12.2.2002, Annexure-9 to the writ petition and to pay salary to the petitioners.

The facts arising out of the writ petition are that the petitioner no.1 is a recognized Sanskrit Mahavidyalaya and the provisions of U.P. High School and Intermediate Colleges (Payment of Salary of Teachers and other Employees) is applicable. Certain appointments of the petitioners have been made but the salary to the petitioners are not being paid, therefore, the petitioners have approached this Court. It has been stated that in spite of the various representations and reminders sent to the respondents, the same have not been considered and no orders have been passed. Due to the inaction of the respondents, the salary to the petitioners are not being paid.

A counter affidavit has been filed on behalf of the District Inspector of Schools. It has been stated in the counter affidavit that institution of the petitioner is not a recognized institution and if it is affiliated to Sanskrit University, then the provisions of the University will be applicable and it is not the responsibility of the answering respondents to make the payment of salary. In para 7 of the counter affidavit it has also been stated that the employees who are working in the Sanskrit Vidyalaya or University, the Payment of Salary Act 1971 is not applicable. Therefore, the respondents submit that the petitioners are not entitled for any relief.

I have heard the learned counsel for the petitioners and the Standing Counsel. Though from the averment made in the counter affidavit, it is clear that the respondents are not having any liability for the purpose of payment of salary, but as from the record of the writ petition, it appears that the various representations have been filed, as such it will be appropriate that the District Inspector of Schools may pass an order regarding the entitlement of salary of the petitioners on the basis of the representation submitted by the petitioners. While passing the order respondent no.3 shall also consider the averments made in the counter affidavit that as the institution of the petitioner is not a recognized one, and the Payment of Salary Act 1971 is not applicable, all these questions will also be considered by respondent no.3. It will also be in the interest of justice that the petitioners will file another comprehensive representation annexing copy of the writ petition as well as the copy of the counter affidavit of the District Inspector of Schools including the Annexures and the same will be considered by respondent no.3.

With these observations the writ petition is disposed of. No order as to costs.  

3.5.2006

V.Sri/-

W.P. No. 35450 of 2002


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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