AI Structured Summary
Not yet generated for this judgment
Judgment
This is an application under Article 226 of the Constitution of India wherein the writ petitioners are aggrieved on three counts. Firstly, Counsel on
behalf of the writ petitioners contends that he has made complaints to the DI of Schools with regard to the mal-administration in the school. Secondly,
he contends that salaries have not been paid since February, 2017. Thirdly, he contends that the petitioner no.1 who has been suspended has not
received any subsistence allowance since his suspension.
Mr. Dhar, Counsel appearing on behalf of the Managing Committee of the School places the judgment passed by the Division Bench dated May 15,
2018 in MAT 1823 of 2017 with CAN 10296 of 2017 and CAN 10851 of 2017. In the said judgement, the Division Bench was pleased to remand the
writ petition bearing W.P. 26024 (W) of 2017 to the Single Judge with a direction to hear the matter in accordance with the issues raised in the order
of the Division Bench.
Furthermore, the inspection that had been directed by the Deputy Director of School Education in pursuance of Memos dated October 16, 2017 and
October 23, 2017 had been stayed. Accordingly, the Division Bench had clearly stayed any enquiry and inspection till the writ petition is decided. It
may be noted that in the W.P. 26024 (W) of 2017, direction for affidavits has been given today and the said writ petition would be heard after
completion of affidavits.
Mr. Dhar also admits that there has been delay in payment of salaries to the teachers but the same applies to all the teachers and not just the three
writ petitioners. It is his case that there is no violation and the only reason for delay in payment to all the teachers is due to cash crunch in the school.
He submits that payments are being made intermittently. He further submits that DA is being received by all the teachers from the State authorities.
With regard to the subsistence allowance of the writ petitioner no.1, he submits that the declaration given by the writ petitioner no.1 states that the writ
petitioner is not carrying on any trade or business and the same does not clarify whether he is employed anywhere else. This is the only reason for
non-payment of subsistence allowance. Mr. Dhar also submits that subsistence allowance shall be started and subsistence allowance dues shall also
be paid to the writ petitioner in accordance with law.
I direct the writ petitioner no.1 to submit the said declaration and on submission of the proper declaration, the Managing Committee of the school shall
make the payment of the subsistence allowance as noted above within seven days of obtaining the proper declaration. Mr. Dhar prays for time to file
affidavits.
Affidavit-in- opposition to be filed within two weeks from date, reply thereto, if any, one week thereafter. After completion of affidavits parties are
given liberty to mention the matter for hearing. Apart from the interim order passed above, no further interim order can be passed at this stage as the
Division Bench has categorically stayed the inspection that had been directed by the Deputy Director of School Education earlier.