Court No. - 32

Case :- WRIT - C No. - 14449 of 2021

Petitioner :- C/M Sri Kishan Uchchattar Madhymik Vidyalaya

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Yogesh Kumar Saxena,Rahul Srivastava

Counsel for Respondent :- C.S.C.,Shri Krishna Mishra

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Rahul Srivastava, learned counsel for the petitioner, Mr.

Krishna Mishra, learned counsel for respondent no.5 and Mr.

Siddhartha Singh, learned Additional Chief Standing Counsel for

the State-respondents.

This writ petition has been filed for the following relief:

"A. Issue a writ, order or direction in the nature of Certiorari

quashing the impugned order dated 15.03.2021 (Annexure No.8 to

the writ petition) passed by the respondent No.2-Regional Joint

Director of Education, Kanpur Region, Kanpur.

B. Issue a writ, order or direction in the nature of Mandamus

directing the respondents not to interfere in the peaceful functioning

of the committee of management of the institution.

C. Issue any other suitable writ, order or direction as this Hon'ble

Court may deem fit and proper in the present circumstances of the

case.

D.........."

In the present writ petition, the main submission of the learned

counsel for the petitioner was that the impugned order has been

passed without affording opportunity of hearing to the petitioner.

The only reason for passing such order was that respondent no.5,

who has since retired from the post of Assistant Teacher, has not

been paid his retiral dues.

On 5th August, 2021, a Coordinate Bench of this Court passed

following order:

"The Joint Director of Education as well as Basic Shiksha Adhikari,

Auraiya shall process the claims of respondent no. 5 Asha Ram for

pension, promotion and other service benefits before the next date

of listing. The amount to which the respondent no. 5 is entitled shall

also be released in accordance with law preferably before the next

date of listing. The petitioner is a retired employee and a senior

citizen and cannot be made to run from pillar to post for his

legitimate dues.

In case the exercise is not completed the Joint Director of

Education as well as Basic Shiksha Adhikari, Auraiya shall remain

present in person along with the records of the case to assist the

Court.

Sri Ajay Mishra learned counsel holding brief of Sri Shri Krishna

Mishra, learned counsel for the respondents is present.

Put up on 08.10.2021 in the list of fresh cases"

Again on 8th October, 2021, another Coordinate Bench of this

Court passed following order:

"Sri Ashish Kumar Mishra holding brief of Sri Shri Krishna Mishra,

learned counsel for the respondent no. 5 states that the respondent

no. 5 has received all his dues.

On the basis of this acceptance by learned counsel for the

respondent no. 5 learned counsel for the petitioner submitted that

the reason for giving single operation no longer exists.

Learned Standing Counsel may seek instructions in the matter.

The case is passed over on the request of learned Standing

Counsel as his record is not available today.

Put up this case as fresh on 9.11.2021."

Today, on the matter being taken up, learned counsel for the

petitioner, learned counsel for respondent no.5 and the learned

Standing Counsel for the State-respondents submit that entire

retiral dues have already been paid to respondent, therefore, the

ground due to which the impugned order has been passed, no

more survive. Even otherwise, the order directing single operation

of account of the institution was for a period of six months, which

have already elapsed. Accordingly, nothing remains in the matter.

In view of the aforesaid submissions, this Court finds that no further

orders are required to be passed in the present writ petition. This

petition stands disposed of.

Interim order, if any, stands discharged.

(Manju Rani Chauhan, J.)

Order Date :- 12.11.2021

Sushil/-