VIJAY PRAKASH VERMA Vs. STATE OF U. P.

JUDGEMENT

(1.) The special appeal arises out of an order passed by the writ court on 18/1/2024 disposing of the appellant's Writ-A No. 24667 of 2017. Services of the petitioner-appellant have been terminated by the management and the order was sent to District Basic Education Officer for his approval. Learned Single Judge has noticed that no decision has been taken on decision of management and this aspect is not even clarified in the personal affidavit of the officer. A direction has accordingly been issued to the District Basic Education Officer to take a decision regarding grant of approval to the order of termination within a period of two weeks. In default, the petitioner has been held entitled to salary for the period he has actually worked, subject to verification.

(2.) Learned counsel for the appellant submits that the statutory scheme has been completely overlooked by the learned Single Judge and facts have not been examined in correct perspective.

(3.) It is undisputed that the appellant was a Class-IV employee in the Mahajan Laghu Madhyamik Vidyalaya Salempur, Deoria. This Institution is duly recognized and the provisions of the Payment of Salaries Act, 1978 are applicable upon it. The services of the appellant were approved and he was working. The management apparently objected to the working of the appellant and consequently the appellant filed Writ A No. 7588 of 2016, which came to be disposed of on 19/2/2016 vide following order:-