- (1.) The Committee of Management, Manokaran Junior High School, Reti, Shahjahanpur, through its Manager Sri P.D. Tiwari has filed the instant writ petition challenging the order dated 20.1.2014 passed by the Senior Finance & Accounts Officer, Basic Education, Shahjahanpur, directing single operation of the salary account of the Institution.
(2.) The facts in brief are that there is a registered society namely , Manokaran Junior High School, Reti, Shahjahanpur. It runs a Junior High School in the same name. The said Institution is receiving grant in aid from the State Government and the provisions of the Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (hereinafter referred as ''the Act'), is applicable. The management of the society and the Institution is in the hands of its Executive Committee, whereunder, the Manager is empowered to supervise and manage the School. The term of the office bearers is three years and they are entitled to hold the post until next committee is constituted. Last elections of the Executive Committee were held on 24.7.2011, in which Sri Raja Ram Mishra was elected as President and Sri P.D. Tiwari as Manager. It is not in dispute that the salary account was being operated jointly by the Manager Sri P.D. Tiwari and respondent no.4 The dispute arose when Sri P.D. Tiwari, after handing over charge of his office to Dy. Manager Sri Nandram Ram Tripathi went for his treatment. After he returned and assumed charge of his office as Manager on 28.9.2013, Sri Chhote Singh (impleaded as respondent in pursuance of order dated 10.3.2014) started claiming himself to be the Manager. The dispute between him and Sri P.D. Tiwari resulted in passing of the impugned order by respondent no.4.
(3.) The parties have exchanged the affidavits and with their consent, this writ petition was heard finally at the admission stage itself.;