Advocates:
['YOGESH KUMAR SAXENA', 'C S C', '', 'BHANU PRATAP SINGH', 'GAJENDRA SINGH']

Court No. - 37

Case :- WRIT - A No. - 16600 of 2019

Petitioner :- Smt. Usha Katiyar

Respondent :- State Of U P And 3 Others

Counsel for Petitioner :- Yogesh Kumar Saxena

Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh,Gajendra Singh

Hon'ble Abhinava Upadhya,J.

Supplementary affidavit filed today, is taken on

record.

Heard learned counsel for the petitioner, learned

Standing Counsel appearing for the State-

respondents and Sri B.P.Singh, learned counsel

appearing for the caveator.

The Institution in question is a Minority aided

Intermediate College. The petitioner claims that

she was appointed as Assistant Teacher (LT Grade)

on 10.11.2016. Her appointment was duly

approved by the competent authority and she was

admitted to salary from State Exchequer.

It appears that during the dispute between the

rival groups of Committee of Management, the

petitioner's appointment being only under

probation, was recalled on the ground of

unsatisfactory service by order dated 24.6.2017.

The writ petition with regard to the rival group

claiming control over the Institution being Writ A

No. 20661 of 2017 filed by the Committee of

Management, which appointed the petitioner was

allowed and the rival's claim was not accepted

and, therefore, it is submitted that the original

Committee of Management came back in the

control of the Institution and by order dated

27.1.2018, the order cancelling the appointment of

the petitioner dated 24.6.2017 was recalled.

The petitioner claims that during this period she

continued and also worked in the Institution but

her salary was not paid. Therefore, she filed a writ

petition being Writ A No. 41349 of 2017. During

the pendency of the writ petition, the petitioner

represented before the District Inspector of

Schools also for the payment of salary but the

DIOS by order dated 2.8.2019 declined to grant

approval for payment of salary on the ground that

Writ A No. 41349 of 2017 with regard to payment

of salary is still pending.

It is submitted that on account of the recall of the

order dated 24.6.2017 by order dated 27.1.2018

the said writ petition was rendered infructuous

and, accordingly, it was dismissed on 25.9.2019.

As such, it is submitted that there is no

impediment in payment of salary. But since the

dismissal of the writ petition and after the order of

the DIOS dated 2.8.2019, the petitioner had made

a fresh representation before the DIOS with regard

to payment of salary, where the same is still

pending.

Sri B.P.Singh along with Sri Gajendra Singh,

learned counsel appearing for the caveator-Mohd.

Jameel, the rival group of Committee of

Management has appeared the Court to state that

the order of recall dated 27.1.2018 is a forged

document.

Be that as it may, since the only reason for non-

payment of salary is stated to be pendency of the

Writ A No.41349 of 2017. That writ petition having

been dismissed as infructuous, the DIOS may pass

a fresh order. Before passing the order, the DIOS

will also verify whether the order dated 27.1.2018

recalling the earlier order with regard to payment

of salary is a valid document or not and then pass

an appropriate order. The said decision shall be

taken by the DIOS, in accordance with law, as far

as possible, within a period of two months from

the date a certified copy of this order is presented

before it after giving due consideration to all

concerned.

With the aforesaid observation/direction, the writ

petition stands finally disposed of.

Order Date :- 21.10.2019

SKM