Shri Shankar Junior High School, Sirsani v. State of U. P.
2016-03-17
P.K.S.BAGHEL
body2016
DigiLaw.ai
JUDGMENT Pradeep Kumar Singh Baghel,J. Committee of Management of a Junior High School, Shri Shankar Junior High School, Sirsani Sahar, Auraiya is the first petitioner in this petition and its Manager has joined the petition as second petitioner. They have preferred this writ petition for the following relief: "a) Issue a writ, order or direction in the nature of Mandamus directing the respondent No. 3 to send his nominee as required under Rule 10 of 1978 Rules." 2. It is stated that in the institution thirteen posts were sanctioned under Section 9 of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 vide order dated 14th August, 1988 passed by the Regional Assistant Director of Education (Basic), Allahabad. The said thirteen posts comprised of one Headmaster, eight Assistant Teachers, one Clerk and three Class-IV posts. A copy of the said order dated 14th August, 1988 is on the record as annexure-1 to the writ petition. It is averred in the writ petition that two Assistant Teachers of the institution namely Sri Parashuram Tiwari and Sri Munni Lal Diwakar retired on 30th June, 2012 and 30th June, 2013 respectively after attaining the age of superannuation. To fill up the aforesaid two vacancies, the petitioners have made an application to the District Basic Education Officer, the third respondent, but neither permission has been accorded to fill up the posts nor nominee has been sent to the Selection Committee. 3. Learned counsel for the petitioners has drawn the attention of the Court to an order dated 29th February, 2012 passed by this Court in Writ-A No. 75497 of 2011 (C/M Shree Shanker Junior High School and another v. State of U.P. and others), previously filed by the petitioners for the similar cause of action. 4. I have heard learned counsel for the parties and perused the record. 5. Having regard to the facts and circumstances of the case, the writ petition is disposed of by issuing a direction upon the District Basic Education Officer, Auraiya, the third respondent, to consider the grievance of the petitioners and pass the appropriate speaking order, after furnishing opportunity to the petitioners, in accordance with law expeditiously, preferably within a period of three months from the date of communication of this order. No order as to costs.