- (1.) THIS intra Court Appeal, under the Rules of the Court, is preferred against the order of the Hon'ble Single Judge dated 31-7-2007 dismissing the appellant's Civil Misc. Writ Petition No. 34319 of 2007 that had been filed for quashing of the order of the District Inspector of Schools dated 19-7-2007 passed under Section 5 (1) of the Payment of Salaries Act, 1971 (hereinafter referred to as the Act) for single operation of the accounts of the College.
(2.) WE have heard Shri Ramesh Upadhyay, learned Counsel appearing for the appellant, learned Standing Counsel for respondent Nos. 1 to 4 and Shri S. C. Dwivedi learned Counsel appearing for respondent No. 5 and also perused the record. It appears that because of the dispute regarding the election of the Committee of Management the matter is pending before the Regional Level Committee and in such circumstances for the payment of salary to the teachers, the District Inspector of Schools has exercised power under Section 5 (1) of the Act and directed that in the meanwhile the payment of salary shall be made by single operation. It is not in dispute that the dispute relating to the election of the Committee of Management is pending before the Regional Level Committee. In such circumstances, we do not find any reason to interfere with the aforesaid order of the District Inspector of Schools. Learned Counsel for the appellant has argued that the Regional Level Committee has not taken any decision even though considerable time has lapsed and, therefore, the Regional Level Committee may be directed to decide the issue expeditiously.
(3.) LEARNED Standing Counsel appearing for the State-respondent submitted that he has no objection to the prayer and fairly submitted that the Regional Level Committee shall very expeditiously take a decision. We, therefore, modify the judgment of the Hon'ble Single Judge only to the extent that the Regional Level Committee shall decide the dispute expeditiously, preferably within a period of two months from the date of production of a certified copy of this order. Shri Ramesh Upadhyay, learned Counsel for the appellant and Shri S. C. Dwivedi, learned Counsel appearing for respondent No. 5 and on behalf of their respective clients state that they will co-operate in the early disposal of the matter and shall appear before the Committee as and when required.;