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Madhya Pradesh High Court · body

2009 DIGILAW 1287 (MP)

S. Somni (Smt. ) v. State of M. P.

2009-11-19

S.C.SHARMA

body2009
ORDER S.C. Sharma, J. 1. The petitioner before this Court has filed this present petition being aggrieved by the action of the respondents of stopping the grant-in-aid to the institution in questions. 2. The contention of the petitioners is that they are serving at Miss Hill Higher Secondary School, and the school was receiving grant-in-aid from the State Government from time to time, however, as certain irregularities, were noticed in the year 2003, grant-in-aid was stopped by the State Government. The petitioners have also stated that, they were appointed in consonance with the statutory provisions and the earlier grant-in-aid was extended from time to time by the State Government. 3. The learned counsel appearing for the petitioners at the outset has brought to the notice of this Court an order dated 10/09/2008, Annexure P/3 filed along with the rejoinder, by which, the Chief Executive Officer, Jila Panchayat, Gwalior has instructed the District Education Officer to issue a No Objection Certificate enabling the office of the Jila Panchayat to release the grant-in-aid. It has also argued by the learned counsel that for the purpose of issuance of a No Objection Certificate, a fresh inspection has to be carried out by the District Education Officer: He has confined his prayer at present for issuance of appropriate Writ, order or direction directing the respondent/ District Education Officer to inspect the institution and to take appropriate steps in the matter. 4. The learned Government Advocate appearing on behalf of the respondents/State does not object to the reasonable prayer made by the learned counsel for the petitioners and, therefore, without adverting to the merits of the case, the present writ petition is disposed of with a direction to the respondent/District Education Officer to inspect the institution in question and to forward a report immediately to the Chief Executive Officer, Jila Panchayat, Gwalior enabling him to pass appropriate orders in respect of release of grant-in-aid. It is needless to mention that the District Education Officer shall conclude the aforesaid exercise positively within a period of 60 days from the date of receipt of a certified copy of this order. 5. In the present case, the learned counsel for the petitioners has also prayed for issuance of a writ, order or direction directing the respondents to deposit the Employees Provident Fund dues as required under the provisions of the Employees Provident fund and Miscellaneous Provisions Act, 1952. 5. In the present case, the learned counsel for the petitioners has also prayed for issuance of a writ, order or direction directing the respondents to deposit the Employees Provident Fund dues as required under the provisions of the Employees Provident fund and Miscellaneous Provisions Act, 1952. 6. It is needless to mention that the employer is under a statutory obligation to deposit the Employees Provident Fund dues with the Regional Provident Fund Commissioner and therefore, in case the dues has not been deposited, the respondent No. 5 shall deposit the entire outstanding dues positively within, a period of six months from the date of receipt of a certified copy of this order. 7. It is needless to mention that in case the amount is not deposited, the Regional Provident Fund. Commissioner shall be free to take appropriate action against the respondent No. 5 in accordance with law. 8. With the aforesaid, the writ petition stands disposed of No order as to costs. 9. Certified copy as per rules.