Nov - High Court of Judicature at Allahabad
Nov - High Court of Judicature at Allahabad
Nov - High Court of Judicature at Allahabad
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
3 All] Smt. Shailendra Rai V. St<strong>at</strong>e <strong>of</strong> U.P. and others 1001<br />
District Basic Educ<strong>at</strong>ion Officer,<br />
Sonebhadra may also file his affidavit<br />
along with the objection <strong>of</strong> the Finance<br />
and Audit Officer in his <strong>of</strong>fice, referred to<br />
in the letter d<strong>at</strong>ed 27.4.2006 List on 31st<br />
August, 2006."<br />
6. When the m<strong>at</strong>ter again came up<br />
on 27.10.2006, a vague and incomplete<br />
reply was filed which was noticed by this<br />
<strong>Court</strong> in its order d<strong>at</strong>ed 27.10.2006 as<br />
under :<br />
"Learned counsel for the petitioner<br />
st<strong>at</strong>es th<strong>at</strong> he has not been served with<br />
counter affidavit filed by the District<br />
Basic Educ<strong>at</strong>ion Officer, Sonebhadra.<br />
Moreover, the affidavit filed is not<br />
accompanied with the objection <strong>of</strong> the<br />
Finance and Audit Officer referred to in<br />
the letter <strong>of</strong> the District Basic Educ<strong>at</strong>ion<br />
Officer d<strong>at</strong>ed 27th April, 2006, as was<br />
directed under order <strong>of</strong> this <strong>Court</strong> d<strong>at</strong>ed<br />
21st August, 2006.<br />
Let Sri C.K. Rai, learned counsel for<br />
respondent nos. 2 and 3 file a better<br />
affidavit in strict compliance <strong>of</strong> the order<br />
<strong>of</strong> this <strong>Court</strong> d<strong>at</strong>ed 21st August, 2006, by<br />
20th <strong>Nov</strong>ember, 2006.<br />
Put up on 20th <strong>Nov</strong>ember, 2006."<br />
7. Noticing th<strong>at</strong> there was no fault<br />
shown on the part <strong>of</strong> the petitioner for non<br />
payment <strong>of</strong> salary, but inter alia shifting<br />
<strong>of</strong> responsibility sought to be indulged by<br />
the respondents, this <strong>Court</strong> on 11.11.2007<br />
passed the following order :<br />
"In the present case short counter<br />
affidavit has been filed and the same is<br />
only on behalf <strong>of</strong> respondent no. 3. In pith<br />
and substance the said short counter<br />
affidavit supports the version <strong>of</strong> the<br />
petitioner and entire burden has been<br />
fastened upon Finance and Accounts<br />
Officer, based <strong>at</strong> the <strong>of</strong>fice <strong>of</strong> District<br />
Basic Educ<strong>at</strong>ion Officer, Sonebhadra for<br />
ensuring payment <strong>of</strong> salary to petitioner.<br />
Backdrop <strong>of</strong> the case reflects th<strong>at</strong> some<br />
adjustment has been made and the reason<br />
why Finance and Accounts Officer is not<br />
ensuring payment <strong>of</strong> salary to petitioner is<br />
not all before this <strong>Court</strong>, as such it would<br />
be expedient th<strong>at</strong> the version <strong>of</strong> Finance<br />
and Accounts Officer should come before<br />
this <strong>Court</strong>.<br />
In these circumstances and in this<br />
background, Finance and Accounts<br />
Officer, Office <strong>of</strong> District Basic Educ<strong>at</strong>ion<br />
Officer indic<strong>at</strong>ing as to why salary is not<br />
being ensured to petitioner. While<br />
preparing counter affidavit details<br />
furnished in short counter affidavit filed<br />
on behalf <strong>of</strong> respondents no. 3 shall also<br />
be explained. For this purpose, learned<br />
counsel for petitioner is directed to serve<br />
a copy <strong>of</strong> this short counter affidavit upon<br />
Finance and Accounts Officer, Basic<br />
Educ<strong>at</strong>ion, Sonebhadra within three<br />
weeks from today. In the event <strong>of</strong> service<br />
<strong>of</strong> short counter affidavit alongwith a<br />
copy <strong>of</strong> this order in all eventuality<br />
counter affidavit has to be filed by<br />
Finance and Accounts Officer within next<br />
three weeks.<br />
List after one month."<br />
8. Thereafter, on 13.8.2009,<br />
5.10.2009 and 9.10.2009 having found<br />
th<strong>at</strong> the respondents were neither able to<br />
give any justific<strong>at</strong>ion for non payment <strong>of</strong><br />
salary to the petitioner nor had made any<br />
effort to pay her salary, the following<br />
orders were passed :<br />
"The only grievance <strong>of</strong> the petitioner<br />
is th<strong>at</strong> he is not being given salary since<br />
March 2005, though she is a regularly<br />
appointed teacher in a Junior <strong>High</strong><br />
School maintained by the Basic Shiksha