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Ramjiyawan Mishra v. State Of U.P. And Others - WRIT - A No. 37932 of 2007 [2007] RD-AH 14168 (17 August 2007)


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Hon'ble Ashok Bhushan, J.

Heard counsel for the petitioner.

By this writ petition the petitioner has prayed for quashing the order dated 2.8.2007 passed by the District Inspector of Schools, Basti by which order  the petitioner who is working as Class IV employee has been relieved from the office of the District Inspector of Schools and directed to join in the Institution. Learned counsel for the petitioner submitted that the petitioner's salary was not earlier paid by the  Principal hence the District Inspector of Schools passed an order for attachment of the petitioner in the office of the District Inspector of Schools. The petitioner being Class IV employee  of the Institution, the order of the Inspector relieving the petitioner to join in the institution does not suffer  from any error. Learned counsel for the petitioner submitted that the Principal has filed the writ petition challenging  the order directing for payment of salary under Section 3 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees)  Act, 1971.  The fact that the order has been challenged by the Principal has no bearing on the order which is sought to be challenged in this writ petition. The petitioner being Class IV employee of the Institution has to work in the Institution. The order impugned in this writ petition does not suffer from any error warranting interference Under Article 226 of the Constitution.

The writ petition lacks merit and is dismissed.  





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