Muktinath Singh vs State Of U P And Others

Court No. - 39

Case :- WRIT - A No. - 12786 of 2019 Petitioner :- Muktinath Singh Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Pranesh Dutt Tripathi

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the petitioner, learned standing counsel for the respondent nos. 1 to 3 and Sri Pranesh Dutt Tripathi, learned counsel for the respondent no.4.

Considering the nature of order proposed to be passed, there is no need to issue notice to respondent no.5.

Learned counsel for the petitioner submitted that there is an educational institution in the name of Anusuchit Jati Primary Vidyalaya, Narayanpur, Block Kasya, Kushinagar. The said institution was granted permanent recognition on 30.6.1998 and also receiving grant-in-aid on 31.03.1989 from the State Government. He further submitted that petitioner was appointed as Assistant Teacher in the said institution through Selection Committee held on 15.5.2014 and ultimately, papers were forwarded to respondents for financial approval. After completing the requirements of approval from other respondents, respondent no.2 has forwarded the papers for financial approval before the respondent no.1 on 1.10.2018, but till no decision has been taken by the respondent no.1 and matter is still pending resulting in non-payment of salary to petitioner. Lastly, he submitted that a suitable direction may be issued to respondent no.1 to consider the recommendation of respondent no.2 dated 1.10.2018 and decide the same in accordance with law.

Learned Standing Counsel submitted that matter of petitioner shall be considered and decided in accordance with law.

Under such facts and circumstances of the case, the writ petition is disposed of with a direction to respondent no. 1 to take final decision upon the recommendation of respondent no. 2 dated 1.10.2018 strictly in accordance with law maximum within a period of two months from the date of production of certified copy of the order.

It is made clear that Court has not adjudicated the case on merits and is upon the respondent no. 1 to decide the letter of respondent no.2 after considering the relevant Rules as well as Government Orders occupying the field.

Order Date :- 13.8.2019 Junaid