The Allahabad High Court stayed the disciplinary proceedings against the assistant teacher of Primary School Paidhat Block Aika, Firozabad and directed to pay regular salary to the petitioner.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Anuj Kumar Gautam.
The petitioner has preferred the petition inter-alia with the following prayer:-
“(i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 20.12.2023 withholding salary of the Petitioner in pursuance of impugned show cause notice dated 12.12.2023 passed by the Respondent No 5.
(ii) Issue a writ, order or direction in the nature of Mandamus to pay the Salary to the Petitioner along with interest from December, 2023 to till date.
(iii) Issue a writ, order or direction in the nature of certiorari quashing the Show Cause Notices dated 23.03.2024 and 12.12.2023 issued to the Petitioner by Respondent No 4 and Respondent No 5 respectively.
(iv) Issue a writ, order or direction in the nature of mandamus restraining the Respondent Authority from taking any coercive action against the Petitioner.”
It is argued that recitals made in the show cause notice which are under challenge is absolutely wrong and incorrect. Time and again, the show cause notices were issued only in order to harass the petitioner.
It is argued by the counsel for the petitioner that once the matter is pending before the Apex Court, there is no rhyme or reason for the respondents to issue notices from time to time.
The Court noted that,
In Pursuant to the order passed by the Court dated 22.07.2024, an affidavit on behalf of respondent no 4, District Basic Education Officer, Firozabad, District – Firozabad has been filed on July 24 in the Court, the same is taken on record.
It is stated in the aforesaid affidavit that the salary of the petitioner has already been released and in this regard an order has already been passed by the District Basic Education Officer, Firozabad on 22.07.2024.
In this view of the matter, the Court opined that insofar as the salary part is concerned, necessary orders have already been passed.
In this view of the matter, the Court directed the respondents to make the due payment of salary to the petitioner as and when falls due month by month along-with arrears which has already been due from December, 2023.
Insofar as the show cause notices are concerned which are under challenged in the petition are concerned, the Court further opined that the matter is pending consideration before the Apex Court as stated above, the Court further directed the respondents to not go ahead with the aforesaid notices till the decision is taken by the Apex Court.
The post Allahabad High Court stays disciplinary proceedings against assistant teacher, orders regular salary payment appeared first on India Legal.