Neutral Citation No. - 2025:AHC:64374 Court No. - 38 Case :- WRIT - A No. - 1788 of 2015 Petitioner :- Chandra Prakash Yadav Respondent :- State Of U.P. And 2 Ors Counsel for Petitioner :- Ajeet Kumar Baranwal,D.K. Singh,Dibya Baranwal,V.K. Singh Counsel for Respondent :- C.S.C.,Dhirendra Pratap Singh Hon'ble Donadi Ramesh,J. 1. Heard Sri Ajeet Kumar Baranwal, learned counsel for the petitioner and Sri Pradeep Singh, learned Standing Counsel for the State. 2. Present writ petition has been filed for following relief: "(i) Issue a writ order or direction in the nature of Mandamus commanding the respondents to make payment of salary to the petitioner with effect from 16.9.2013 and also ensure his joining in the institution in question as per the orders passed by the District Inspector of Schools dated 17/18.10.2014 and 21.11.2014." 3. This Court vide order dated 4.4.2025 has passed the following orders: "1. List has been revised. Learned counsel for the petitioner is present. No one has appeared on behalf of respondent no. 3. 2. Respondent no. 3 is proceeded ex parte. 3. List this case on 25.4.2025. " 4. The committee of management, who is the third respondent, passed an order on 16.9.2013, suspending the petitioner from service and subsequently, charge-sheet was also issued to him on 30.9.2013. The petitioner submitted his reply to the charge- sheet on 17.10.2013. Initially, vide order dated 10.11.2013, the suspension order was approved by the District Inspector of Schools, but non-completion of inquiry as per Section 16G(8) of the Intermediate Education Act, the said approval was revoked vide order dated 31.3.2014 and finally an ex parte inquiry has been conducted in the matter. Based on the same, services of the petitioner was terminated and the committee of management has placed the said order before the District Inspector of Schools for its prior approval under Chapter III Regulation 31 of the Regulations framed under the Intermediate Education Act. 5. Considering the entire record, the District Inspector of Schools has passed an order on 17/18.10.2014 declining the approval. Despite the same, the respondent-committee of management did not permit the petitioner to join his duties and the salary has not been paid to him. Consequent on the said action of the respondent, the petitioner approached the District Inspector of Schools by making representation regarding not permitting the petitioner to join his duties and not paying salary. The District Inspector of Schools vide order dated 21.11.2014 directed the manager/principal of the institution to permit the petitioner to join his duties and also salary should be paid to him. Despite the above-said orders, the committee of management has not complied the same. Hence, the present writ petition. 6. Learned Standing Counsel has relied on the contentions made in paragraph 5 of the counter affidavit, which reads as below: 5. यह कक इस ससबसध मम अगगतर अवगत कररनर हह कक उभयपकक कक ससययक कशकर कनदगशक, बसतत मणडल बसतत कग करयररलय मम बयलरकर वरतरर कग अनयरप पबसधक दररर जनवरत 2017 मम यरचत कक करयरभरर गहण करर कदयर गयर हह और कनयकमत रप सग वगतन भयगतरन ककयर जर रहर हह। मरत कनलमबन अवधध कग अवशगष वगतन कर भयगतरन नहह ककयर गयर हह। 7. Petitioner has filed his rejoinder affidavit to the said counter affidavit and according to the assertions made in the rejoinder affidavit, the petitioner was permitted to join his duties on 17.02.2017 and thereafter, he is getting regular salary, but the arrears of salary were not paid by the respondents. 8. Considering the said submissions and perusal of the record, it shows that initially services of the petitioner was suspended and the said suspension order was revoked by the competent authority and subsequently, the termination order was also not approved by the District Inspector of Schools. Aggrieved by the said action, the management has also approached the Court and the Court also refused to entertain the appeal. In such circumstances, it is deemed that the petitioner's services has treated to be continued from 24.11.2014 to 17.02.2017. 9. In view of the abovesaid circumstances, the writ petition is disposed of with direction to the respondents to pay salary to the petitioner from 24.11.2014 to 17.02.2017, within a period of three months from the date of receipt of the certified copy of this order. Order Date :- 25.4.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad