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2025 DAILYLAW 50564 (ALL)

COMMITTEE OF MANAGEMENT OF SHRI SITARAM SANSKRIT HIGHER SECONDARY SCHOOL AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/5695/2025 · 2025-04-29

Vikram D Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:67727 Court No. - 7 Case :- WRIT - A No. - 5695 of 2025 Petitioner :- Committee Of Management Of Shri Sitaram Sanskrit Higher Secondary School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gautam Baghel Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "i. issue a writ, order or direction in the nature of mandamus directing and commanding the respondent no.4 to pass the salary bills of the petitioner's institution under the signatures of petitioner no.2 in pursuance of the order dated 08.10.2024 (Anex. No.3 Page Nos.26-29) passed by Respondent No.3. ii. issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 30.03.2019 (Anex. No.8 Page Nos.44-48) passed by respondent no.4. iii. issue writ order or direction in the nature of mandamus directing and commanding the respondent no.4 to decide the representation dated 13.02.2025 (Anex. No.11 Page Nos.55-56) vide which the petitioner has requested respondent no.4 to revoke the order of single operation of account on the institution and permit the petitioner to discharge its duty in capacity of manager of the institution on the strength of order of respondent no.3 dated 08.10.2024 (Anex. No.3 Page Nos.26-29)." 3. It is submitted by learned counsel for petitioner that the petitioner is Committee of Management and the salary of the Principal of institution was stopped on account of some discrepancy in the record and further civil suit is also pending. In respect of same, Principal has filed Writ-A No.26108 of 2018 (Sri Krishna Das Awasthi Vs. State of U.P. and 3 others), in which, following order has been passed: "This petition has been filed for a direction upon the respondents to release petitioner?s salary by way of single operation of accounts. Perusal of the record would go to show that there is some error in recording of the name of petitioner's father in his educational records. A Civil Suit No. 17 of 2016 consequently, has been filed which is pending. The District Inspector of Schools has called upon the principal of the institution to provide all relevant records in respect of petitioner's claim. Learned counsel for the petitioner states that the records have been filed in the pending suit before the Civil Court itself. If that be so, it is always open for the petitioner to move an appropriate application before the Court concerned for providing the records or to apprise the authorities about it. In view of the fact that the issue is pending before the Civil Court, no further observation is required in the writ petition, at this stage. Leaving it open for the petitioner to respond to the notice, upon which the respondent authorities are required to pass an appropriate order, in accordance with law, this petition is consigned to records." 3-A. Learned counsel for petitioner submits that in pursuance thereof by misreading the aforesaid order dated 11.12.2018, the order of single operation was passed on 30.3.2019 and the payment of salary of institution was being made on the basis of order dated 30.3.2019 by way of single operation. Learned counsel for petitioner further submits that now the Principal of institution has retired on 30.6.2024 and as such, the dispute itself do not survive and the Managment would be entitled to process salary bills and order of single operation is required to be revisited. 4. Learned Standing Counsel submits that District Inspector of Schools, Etawah will revisit the order of single operation in view of subsequent developments. 5. In view of aforesaid, it is hereby provided that respondent no.4- District Inspector of Schools, Etawah shall decide the representation dated 13.2.2025 filed by petitioner for revisiting the question of single operation of institution, in accordance with law, preferably within a period of one months from the date of production of a certified copy of the order. 6. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law. 7. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 30.4.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad