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Smt. Anjana Devi v. State Of U.P. & Others - WRIT - C No. 30885 of 2007 [2007] RD-AH 11859 (12 July 2007)


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Hon. Sunil Ambwani, J.

Heard learned counsel for the petitioner and learned Standing Counsel.

It appears that some enquiry is pending against the appointment of a 'Shiksha Mitra' on some allegations of submitting forged documents of his educational qualification.  Pending enquiry, the petitioner  a sitting Pradhan of the village, stopped payment of the salary and inspite of several directions of District Inspector of Schools.  She has not signed and released the payment from Gram Shiksha Fund.

By the impugned order, the District Basic Education Officer, Deoria has directed  single operation of the ' Gram Shiksha Nidhi' on the ground that his orders for payment of salary has not been followed and that the teacher is at the verge of starvation.  The petitioner claims to have decided on her own about the validity  of the appointment and has stopped payment and that without waiting the decision of the pending enquiry, stopped payment of salary.   The petitioner did not have a right to stop the salary until the enquiry was complete or any order to that effect was passed by the District Basic Education Officer, Deoria.   The order as such does not suffer from any illegality.  The insistence of learned counsel of the petitioner that the Shiksha Mitra is not entitled to the payment until enquiry is conducted is wholly unfounded, as it is not decided that he is teaching in the school.

The writ petition is dismissed.

Dt. 12.7.2007.



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