Court No. - 36

Case :- WRIT - A No. - 7705 of 2020

Petitioner :- Dr. Vishan Kumar Sharma

Respondent :- State Of U.P. And 6 Others

Counsel for Petitioner :- Awadhesh Kumar Sharma

Counsel for Respondent :- C.S.C.

Hon'ble Saumitra Dayal Singh,J.

Heard learned counsel for the petitioner and Sri Manoj

Srivastava learned Standing Counsel for the State respondents.

Present petition has been filed by the petitioner to challenge the

order dated 14.2.2020 passed by the Principal Secretary

Secondary Education, whereby the said respondent has rejected

the claim of the petitioner for payment of salary for the period

14.11.2013 to 22.5.2014. It may be noted that the other claim of

the petitioner for the period prior to 14.11.2013 and after

22.5.2014, has been allowed.

Undisputedly, the petitioner officiated as Principal at Dharm

Samaj Sanskrit Mahavidyalaya Aligarh. His claim for payment

of salary had been denied. In that circumstance, the petitioner

had earlier approached this Court by means of Writ-A No.

11689 of 2019 (Dr. Vishan Kumar Sharma Vs. State of U.P. and

Others). It was disposed of by the following order dated

13.8.2019 as corrected by order dated 21.8.2019:-

"The writ petition is disposed of with the direction to the Principal

Secretary Education-respondent no.2 to consider the claim of the

petitioner and pass appropriate orders in accordance with law, as far as

possible, within a period of three months from the date a certified copy of

this order is presented before the authority concerned."

Also, undisputedly the grant-in-aid to the above named

institution had been withdrawn w.e.f 14.11.2013. Later, vide

further order dated 22.5.2014 issued by the Principal Secretary,

the grant-in-aid of the petitioner and other institutions was

revived. However, while making that revival order, it was

observed as under:-

"Is sambandh mein mujhe yeh kehne ka nirdesh hua hai ki is sampoorna

prakran par shaasan star par vichar vimarsh ke upraant yah nirnay liya

gaya ki shaasan star se nirgat vibhinn shaasnadesho ke madhyam se

anudaan

soochi

se

nilambit

kiye

gaye

sanskrit

madhyamik/mahavidyalayon ko tatkal prabhav se unke anudaan nilamban

ke aadesho ko nirast kar inka anudaan poorva ki bhaanti bahaal kar diya

jaye."

It is also undisputed fact that neither the petitioner nor the

institution ever challenged the earlier Government Order

whereby the grant-in-aid available to the institution had been

withdrawn w.e.f. 14.11.2013 nor there was any challenge raised

to the subsequent Government Order dated 22.5.2014 reviving

the grant-in-aid prospectively i.e. w.e.f. 22.5.2014 only.

Even at this stage, no challenge has been raised to the revival

order dated 22.5.2014 insofar as it has only revived the grant-

in-aid prospectively. In absence of any challenge, the impugned

order passed by the Principal Secretary is only consequential.

That authority could not have taken any other view in the

matter.

In view of the above, no defect is found in the impugned order

which may call for interference by this Court. Writ petition lack

merits and is accordingly dismissed.

Order Date :- 13.9.2022

Faraz

Digitally signed by FARAZ AHMAD

Date: 2022.09.14 09:58:49 IST

Reason:

Location: High Court of Judicature

at Allahabad