- (1.) Heard counsel for the petitioner, learned standing counsel for respondent Nos. 1 to 3 and Sri V.K. Singh for the fourth respondent.
(2.) The subject matter of challenge in the instant writ petition is an order dated 1 September 2015 passed by the second respondent appointing Authorised Controller in the institution in exercise of power under section 6(3) of the U.P. High School And Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as the 'Act'). The ground for appointment of Authorised Controller is alleged default on part of the Management in complying with the repeated directions issued by the authorities to permit Smt. Komal Misra, an Assistant Teacher of the institution, to work and pay her salary. The order records that the second respondent by order dated 22 May 2015 held that Smt. Komal Misra was entitled to work until the age of 62 years. The Management was directed by letters dated 6 June 2015, 4 July 2015, 13 July 2015 and 28 July 2015 to comply with the said direction and permit her to work, but the order was not complied with. On receipt of recommendation from the third respondent to ensure compliance of the direction by appointment of Authorised Controller, the Management was again directed by notice dated 5 August 2015 to ensure compliance, failing which action under the Act will be taken against it. The Management took the plea that the dispute is pending in this Court in a writ petition, but failed to comply with the direction. Consequently, the Authorised Controller was appointed.
(3.) Learned counsel for the petitioner pointed out that the order of the Joint Director of Education dated 22 May 2015 was subject matter of challenge in Writ Petition No. 36697 of 2015. It was dismissed by a Co-ordinate Bench of this Court by order dated 27 August 2015. The aforesaid order was subjected to challenge in Special Appeal (Defective) No. 813 of 2015. The said special appeal was allowed by order dated 14 December 2015 and the order of the learned single Judge dated 27 August 2015 as well as the order of the Joint Director of Education dated 22 May 2015 were set-aside. The Joint Director of Education, Moradabad was directed to pass a fresh order in accordance with law, after hearing the parties. It is urged that the very basis of the impugned order having been set-aside, the impugned order also deserves to be quashed.;