Tung Nath Pathak and Another vs State of U.P.

Devendra Kumar Arora, J.—Heard learned Counsel for the parties.

By means of the present writ petition, the Petitioners are challenging the impugned order dated 30.9.2010 passed by opposite party No. 6, the Assistant Accounts Officer (Secondary Education), Sultanpur, by which the Principal of Government Intermediate College, Teekar Mafi, Sultanpur has been directed to place the salary bill of teachers who are not Post Graduate and promotional pay scale are not payable to them without approval of the competent authority after correcting the wrong fixation for the month of October, 2010, failing which salary bill will not be passed.

Submission of the learned Counsel for the Petitioner is that Petitioners approached this Court by means of Writ Petition No. 1374 (S/S) of 2010, Suresh Bahadur Singh and Ors. v. State of U.P. and Ors. (Annexure No. 10 to the writ petition) claiming benefit of judgment and order dated 30.3.2009 passed in writ petition No. 10665 of 2006 and another connected writ petition No. 13347 of 2006 and this Court by means of order dated 16.3.2009 allowed the writ petition of the Petitioner in terms of the judgment and order dated 30th March, 2009 passed in writ petition No. 10665 of 2006 and writ petition No. 13347 of 2006 and directed to extend the benefit of the said judgment to the Petitioners.

Further submission of the learned Counsel for the Petitioners is that in pursuance to the direction of this Court, pay of the Petitioners was fixed vide order dated 2nd July, 2010 and the Petitioners are being paid enhanced salary accordingly. Assistant Accounts Officer (Secondary Education), Sultanpur by means of impugned order dated 30.9.2010 directed the Principal of the College to correct the pay fixation and submit the salary bill, which was being paid earlier to the Petitioners, otherwise, the salary bill will not be processed.

Learned Counsel for the Petitioners submits that before passing the impugned order no opportunity was provided to the Petitioners, even the present impugned order is contemptuous in nature. It is also submitted that no special appeal was filed against the judgment and order dated 16.3.2010 passed in writ petition No. 1347 of 2010.

Learned Standing Counsel prays for and is granted four weeks time to filed counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List immediately after the expiry of the aforesaid period.

In the meantime, operation of the impugned order dated 30th September, 2010 is stayed till further orders of this Court. It is further provided that the Petitioners will be paid salary in accordance with the pay fixation done vide order dated 02.07.2010.