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Karm Singh & Others v. State Of U.P. Thru' Secy. Basic Shiksha Alld. & Ors. - WRIT - A No. 32511 of 2002 [2006] RD-AH 8872 (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).


Hon.Shishir Kumar, J.

The present writ petition has been filed for issuing a writ of mandamus directing the respondents to permit the petitioners to perform the legal duties in the institution and further issuing a writ in the nature of mandamus directing the respondents to pay the regular salary to the petitioners.

The writ petition was entertained on 8.8.2002 and this Court had passed a detailed order and it was provided that in case, the petitioners are performing their duties, they will be paid salary.

The facts arising out of the writ petition are that the petitioner No.1 alleged to be working as Choukidar and the petitioner No.2 alleged to be working on the post of peon in Kanya Junior High School, Jahidpur, District Meerut.  The petitioners raised a dispute regarding pay scale before the Industrial Court and that was decided in their favour on 16.4.1999.  When the decretal amount was not paid, the petitioners approached the Deputy Labour Commissioner for issuance of recovery certificate against the respondent No.4. Even after issuance of recovery certificate, the amount was not paid then the petitioners have filed a Writ Petition No.17773 of 2001 (Karm Singh and another Vs. State of U.P. and others) which was disposed of with a direction to the District Magistrate, Meerut to enforce the recovery certificate by order dated 10.5.2001.  Subsequently, the amount was paid to the petitioners. It appears that due to the aforesaid fact the respondent No.4 became annoyed and has not permitted the petitioners to sign on the attendance register from June 2001 and the salary to the petitioners have also not been paid.  The petitioners have submitted a representation to the Basic Shiksha Adhikari and subsequently a registered notice dated 18.6.2002 was also sent to the respondent Nos. 2 and 5.

Petitioners submit that there is no order of termination or suspension passed by the respondents' authorities.  In spite of the aforesaid fact, the petitioners have not been permitted to work and the salaries to the petitioners are not being paid, as such, the petitioners have approached this Court.  

In view of the averment made in the writ petition as the petitioners himself have stated that there is no order of termination or suspension against the petitioners and the petitioners have not been permitted to work and to sign on the attendance register and the petitioners have already submitted a representation to the respondents.  

It will be appropriate that the present writ petition is disposed of finally with a direction to the respondent No.2 to consider the grievances of the petitioners and pass appropriate orders. If the petitioners file a comprehensive representation annexing the copy of the representation with an order of this Court, the respondent No.2 is directed to consider the same and will pass a detailed reasoned order, according to law preferably within a period of two months from the date of production of the certified copy of this order.

There shall be no order as to costs.      




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