ALLAHABAD HIGHCOURT, MANDEYA, SBTC : विशिष्ट बीटीसी 2004 बैच के 316 शिक्षकों की याचिका पर हाईकोर्ट ने दिया 2 माह में मानदेय दिए जाने का आदेश, हाईकोर्ट का आदेश देखें ।
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 17
Case :- WRIT - A No. - 43629 of 2017
Petitioner :- Prem Narayan Chaurasia And 315 Others
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Grijesh Tiwari
Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Pradeep Kumar Singh Baghel,J.
This petition has been preferred at the behest of 316 assistant teachers who are working in different basic schools run by Basic Education Board.
It is stated that petitioners were selected for Special BTC Training Course 2004 and their training started from 1st August, 2004. Examination of the training was conducted on 16.8.2005 and result was declared on 14.9.2005. It is stated that successful candidates were given appointment letters on 28.12.2005 for the post of Assistant Teacher in various primary schools.
Grievance of the petitioners is that in terms of Govt. Order dated 14.1.2004, they are entitled to get stipend at the rate of Rs. 2500/- per month till they were granted appointment as Assistant Teacher in basic school.
The said issue fell for consideration in the case of Vishistha B.T.C. Shikshak Welfare Association and others Vs. State of U.P. and others, Writ-A No. 49574 of 2010, wherein this Court was satisfied that similarly placed persons were entitled for payment of stipend at the rate of Rs. 2500/- per month and accordingly a direction was issued by the Court.
Dissatisfied with the order of learned Single Judge, the State went in Special Appeal Defective No. 321 of 2015. The said appeal was also dismissed� taking note of paragraph� 3(12) of the Govt. Order dated 14.1.2004.
The State aggrieved by the said order, preferred a Special Leave to Appeal before the Supreme Court which also came to be dismissed on 12.10.2015. Review petition was also filed before the Supreme Court which was also dismissed.
In compliance of the said order, the Finance Controller, Basic Shiksha Parishad, Allahabad issued a direction to all the Finance and Accounts Officers, in the office of District Basic Education Officer,� for compliance of the aforesaid judgment.
It is stated that inspite of settled legal position and circular issued by the Finance Controller, Basic Shiksha Parishad, U.P., petitioners' stipend from May, 2005 to December, 2005 has not been paid. In this regard, the petitioners have filed a representation dated 30.8.2017, a copy whereof is on record as annexure -10 to the writ petition.
I have heard learned counsel for the petitioners, learned standing counsel and Sri Mrig Raj Singh appearing for the BSA.
The facts mentioned clearly depict the sorry state of affairs in the education department. Similar matter was carried over to the Supreme Court. The order of learned Single Judge was affirmed in Special Appeal, against which the State went in SLP which was also dismissed. Thereafter, review petition was preferred, which was also dismissed. This also indicate adamant attitude of the respondents as in similar matter, precious time of the Court and money of the public exchequer� has already been wasted without any justifiable reason. The Court is already struggling with huge pendency of cases and this type of litigation is one of the main reasons for huge pendency in Court. This also shows apathy and inaction on the part of concerned officers who generate litigations for unnecessary reasons.
In view of the above, a direction is issued upon the first respondent- Secretary, Basic Education, U.P., Lucknow, to issue� necessary directions to the appropriate authorities for compliance of the order of this Court and the order of the Supreme Court, expeditiously within two months from the date of communication of the order. He shall send compliance report to the Registrar-General, who shall place it on the record of this Case.
With the above directions, the writ petition stands finally disposed of. No order as to costs.
Let a xerox copy of this order be supplied within 24 hours without payment of usual charges to Sri D.S. Rajput, learned standing counsel, who shall communicate the order to respondent no. 1 for compliance.�
Order Date :- 18.9.2017
SNT/
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