HONOURABLE Sudhir Agarwal, J. - (1.) HEARD Sri Dinesh Singh, learned counsel for the petitioner and Sri M.C. Chaturvedi, learned Chief Standing Counsel assisted by Sri Suresh Singh and B.P. Singh, Advocates for the respondents.
(2.) SRI Anil Sant, Secretary, Basic Education Government of U.P., Lucknow is present in this Court pursuant to this Court's order dated 4.10.2010 and has also filed an affidavit stating that he is personally looking into the matter, as a result thereof various payments have been made to the petitioner which were due to her since April, 1999 and onwards by the District Basic Education Officer, Azamgarh vide order dated 18.10.2010 (Annexure-1 to the affidavit). Sri M.C. Chaturvedi, learned Chief Standing Counsel has submitted that in the present matter the Secretary himself has initiated inquiry against the officials who were responsible for such an extraordinary delay and laches and says that appropriate disciplinary action will be taken against the erring officials. The facts in brief giving rise to the present dispute are that the petitioner was appointed as Assistant Teacher at Primary Pathshala Atraura, Block Phulpur, District Allahabad on 18.3.1998 by the District Basic Education Officer, Allahabad in the pay scale of Rs. 1100-1710 on probation for a period of one year. It was mentioned in the order of appointment that for the first five years the petitioner shall not be transferred from the institution concerned to any other institution in the District. Thereafter it appears that pursuant to the Secretary, Board of Basic Education's order dated 30.8.1998 the petitioner was transferred to District Azamgarh so as to take charge in the rural area and the said order of transferwas conveyed to the petitioner by the District Basic Education Officer, Allahabad vide order dated 16.10.1998 and joined at Azamgarh on 30.11.1998. However her salary from November, 1998 till December, 2002 was not paid for want of verification of her date of appointment, transfer and relieving for which she made some correspondence with the authorities concerned. Ultimately the District Basic Education Officer, Azamgarh sent a letter dated 10.2.2004 (Annexure-4 to the writ petition) seeking verification in respect to the above matters from District Basic Education Officer, Allahabad but it appears that it remain unheeded, hence this writ petition.
(3.) THE petitioner had sought a mandamus commanding the respondents to pay salary to the petitioner from 20.10.1998 to December, 2002, to fix her salary in the trained teachers grade and make payment of increment etc. from January, 2003 till date and also pay arrears of salary by adding annual increments etc. A counter-affidavit has been filed initially on behalf of respondents No. 1 and 2 through Sri K.S. Shukla, Advocate. In para 8 thereof it is stated that the requisite information sent to the competent authority as long as back on 10.01.2002 by Lekhadhikari, Basic Shiksha, Allahabad. This affidavit is sworn by Sri Kamalakar Pandey, the then Basic Education Officer, Allahabad. Looking to these circumstances, this Court passed an order on 21.9.2010 as under: "The petitioner contends that her salary from 20th October, 1998 up to December 2002 has not been paid on account of the Last Pay Certificate and the Relieving Certificate, not being verified. A counter-affidavit has been filed on behalf of District Basic Education Officer, Allahabad, that the requisite information has been sent to District Basic Education Officer, Azamgarh, long back. An amendment application was filed on 5.2.2008 and a copy of the same has been served on learned Standing Counsel for the State. The said Affidavit categorically states that the information has been given to the District Basic Education Officer, Azamgarh, but unfortunately till date no action has been taken to ensure the payment of salary even though the certification has been made in this regard. In the aforesaid circumstances, a show-cause is issued to the respondent No. 3 - District Basic Education Officer, Azamgarh, to inform the Court as to why the payment has not been made till today and further to issue necessary orders with regard to the payment of salary to the petitioner including arrears without any further delay by 4.10.2010. The said Officer shall file an Affidavit of Compliance in the light of the observations made herein above. In the event the compliance is not made, the said Officer shall be personally present in Court on 4.10.2010. However, in case the order is issued, an Affidavit shall be filed in that regard. List on 4.10.2010. A certified copy of this order shall be issued to the learned Standing Counsel, free of charges, for its communication to the respondent No. 3." ;