SMT. SAVITA VERMA AND 12 OTHERS v. STATE OF U.P. AND OTHERS
WRIA/16175/2007 · 2025-04-21
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42829 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42829 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:59979 Court No. - 6 Case :- WRIT - A No. - 16175 of 2007 Petitioner :- Smt. Savita Verma And 12 Others Respondent :- State of U.P. and Others Counsel for Petitioner :- A.C. Tiwari,A.K. Mishra Counsel for Respondent :- C.S.C.,K.Shahi Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Mr. A. C. Tiwari, learned counsel for petitioners, Mr. A.K. Nagwansi, learned Standing Counsel for State and perused the record.
2. Learned counsel for petitioners submits that petitioners are legally appointed Teachers and Staffs of Bhagyamani Chandra Shekhar Girls Junior High School, Darshanpurwa, Kanpur, a school under grant-in-aid.
3. On basis of averment made in this petition, it appears that on inspection of number of Schools in District Kanpur, it was found that despite schools were not even in existence, salary was paid to their purported staff. Accordingly, notices were issued to number of Schools including the School concerned. When this writ petition was filed in the year 2007, the matter was at the stage of
consideration whether the concerned School was existence or not, however, no final decision was taken. It may be possible that during the pendency of this writ petition, some of the writ petitioners may have attained age of superannuation.
4. Mr. A. C. Tiwari, learned counsel for petitioners refers a supplementary affidavit filed on 07.03.2019 that during the
pendency of this present writ petition, inspections have conducted and reports have submitted, however, it appears that no final decision was taken and the matter appears to be still pending before the concerned respondent.
5. Mr. A.K. Nagwansi, learned Standing Counsel for State submits that no reply has been filed to the supplementary affidavit and he refers the counter affidavit filed earlier that matter was under consideration at that stage. He fairly submits that this writ petition may be disposed of with an observation that concerned respondent or the Committee constitute for this purpose may take final decision and accordingly its legal consequence fill follow.
6. In the aforesaid circumstances, since it appears that till date, no final decision has been taken against the School concerned. Proceedings were initiated and some inspections were conducted during the pendency of this writ petition, however, out come of it, is not on record. Therefore, the Court is of the opinion that the matter be remitted back to the Director of Education (Basic) to take decision himself or refer the matter to a Committee, if any, constituted for verification of the Schools to take appropriate decision, after giving an opportunity of hearing to the petitioners or Committee of Management, if required.
7. This petition is accordingly disposed of.
Order Date :- 22.4.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad