- (1.) RAKESH Sharma, J. Heard Sri A. K. Dwivedi, learned Counsel for the petitioner and learned Standing Counsel appearing for opposite party Nos. 1 to 5.
(2.) IN this case, the petitioner, a widow of Late Sri Krishna Behari Misra, Principal of Acharya R. N. Kela INter College, Najibabad, District-Bijnor (hereinafter referred to as the institution) who had died in harness on 19th May, 1988 in the premises of the institution, had approached the management of the institution and concerned authorities for allowing arrears of salary to Sri Misra who had worked as officiating Principal of the institution from 16 October, 1982 to 19th May, 1988. This writ petition was filed in this Court in the year 1990 and thus about 17 years have passed and no counter-affidavit has been filed. The case has come for admission/hearing today, i. e. , after more than 16 years and it appears that counter-affidavit has not yet been filed. Learned Standing Counsel has requested some more time to file counter-affidavit. A perusal of the order sheet reveals that the case was listed on several occasions but counter-affidavit has not been filed. It is a pathetic case where a widow is seeking pecuniary relief from this Court under Article 226 of the Constitution of India for the last about 17 years but no counter-affidavit has been filed. In the absence of counter-affidavit, this Court may proceed on the basis of assertions made in the writ petition which remain un-controverted till date in view of the principles of law laid down by Hon'ble Supreme Court reported in : (1) Choksi Tubes Co. Ltd. v. Union of India, (1997) 11 SCC 179, and (2) Nasim Bano v. State of U. P. and Ors. , AIR 1993 SC 2592.
(3.) ACCORDINGLY, the Court is proceeding with the matter. It emerges from the record that at the relevant time the petitioner's husband Late Sri Krishna Behari Misra was working as Headmaster of High School but later on the college was upgraded on 16-10-1982 as an Intermediate College after receiving due recognition. The petitioner's husband who was working as a Headmaster of the High School in pay scale of 770-1,600 was asked to look after the work of Principal. A formal order was passed by the Management to allow Sri Misra to continue to officiate as Principal of the institution. He was possessing M. A. and B. T. Qualification. A detailed proposal resolution was sent to the Dy. Director of Education, Moradabad seeking approval for the same.;