Narendra Kumar Srivastava v. Director Basic Education Nishatganj Lucknow
2016-07-18
DEVENDRA KUMAR UPADHYAYA
body2016
DigiLaw.ai
JUDGMENT Devendra Kumar Upadhyaya,J. Heard learned counsel for the petitioner and Sri Ghaus Beg, learned counsel appearing for the District Basic Shiksha Adhikari, Bahraich. 2. Sri Ghaus Beg has raised preliminary objection as regards the maintainability of the writ petition and has stated that the petitioner had earlier filed a Writ Petition No. 7266(SS) of 2015 which was decided by this Court by means of order dated 21.12.2015, wherein it was observed that if any honorarium is due for payment to the petitioner, the same shall be released, subject to verification of the work done and the amount due. He has, thus, stated that this petition cannot be maintained by the petitioner. 3. Perusal of the order dated 21.12.2015 reveals that the earlier writ petition was filed for arrears of honorarium and regularization whereas the instant writ petition confines its prayer for granting the benefits of judgement and order dated 21.01.2013, passed by this Court in Writ Petition No. 3293 (SS) of 2007 whereby in similar circumstanced the direction was issued to the authorities concerned to treat the petitioner as a regular Class-IV employee of the institution and make payment of minimum of pay-scale or at least minimum wages as are admissible under law. Accordingly, so far as the grant of minimum pay-scale or minimum wages to the petitioner is concerned, the said prayer was not made earlier by the petitioner while filing the Writ Petition No. 7266(SS) of 2015. 4. The petitioner claims that he has been working for about last 23 years but he is being paid Rs. 450/- per month. 5. In similar circumstanced, this Court had issued certain direction on 22.01.2013 in Writ Petition No. 3293(SS) of 2007. Accordingly, this writ petition is finally disposed of with the direction to the District Basic Shiksha Adhikari, Bahraich to consider the case of the petitioner granting him benefits of judgment and order dated 22.01.2013, passed by this Court in Writ Petition No. 3293(SS) of 2007 and take appropriate decision. 6. For the said purpose, the petitioner shall make representation to the District Basic Shiksha Adhikari, Bahraich taking all the pleas which may be available to him and annexing therewith all the documents on which he intends to rely including copy of the judgment and order dated 22.01.2013, passed by this Court in Writ Petition No. 3293(SS) of 2007 within a fortnight.
If any such representation is made, the same shall be considered and decided by the District Basic Shiksha Adhikari, Bahraich by passing a reasoned and speaking order within a period of two months from the date of production of certified copy of this order along with representation. The decision so taken shall also be communicated to the petitioner.