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UDAI PRAKASH SINGH AND ANOTHER versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Udai Prakash Singh And Another v. State Of U.P. And Others - WRIT - A No. - 40316 of 2007 [2007] RD-AH 14978 (3 September 2007)

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 AT ALLAHABAD

Hon'ble Vineet Saran, J.

Heard learned counsel for the petitioners as well as learned Standing Counsel appearing for the respondents.

By means of this writ petition the petitioners have prayed for a writ of mandamus commanding the respondents to approve the petitioners for payment of salary as Assistant Teachers under the grant-in-aid.

The case of the petitioners is that they were appointed as Assistant Teachers in Birbal Junior High School, Prithvipur, District Ghazipur. The appointment of the petitioners was approved by order dated 18.9.2003 passed by the District Basic Education Officer. The institution was taken on grant-in-aid vide Government Order dated 2.12.2006.

The petitioners' case is that after the institution came on the grant-in-aid and the petitioners appointment having been approved, they are entitled for payment of salary from grant-in-aid.

Learned counsel for the petitioners submits that the petitioners have already submitted representations dated 19.4.2007 and 17.5.2007 to the District Basic Education Officer, Ghazipur. The petitioners further submits that in an identical matter, this Court in writ petition no. 23608 of 2007 passed an order dated 18.5.2007 directing the Director of Education (Basic) to consider the claim of the petitioners in that writ petition and take appropriate decision.

It has been brought to the notice of the Court that the Director of Education (Basic) has already issued Circulars dated 4.1.2007 and 9.1.2007 directing the Basic Shiksha Adhikari to ensure payment of salary to the employees of the institutions taken on grant-in-aid and have also issued certain guidelines.

The petitioners having already represented the matter to the District Basic Education Officer, ends of justice will be served in directing the District Basic Education Officer, Ghazipur, Respondent no.3 to consider the aforesaid representation of the petitioners and take appropriate decision in accordance with law expeditiously, preferably within a period of three months, after taking into consideration the Circulars issued by the Director of Education (Basic) from time to time.

With the aforesaid direction, this writ petition is disposed of. No order as to cost.

dt. 3.9.2007

dps

w.p. 40316 of 2007


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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