News - स्टडी लीव मिलने के बाद भी बेसिक शिक्षक ने काम किया, विभाग ने स्टडी लीव के दौरान की सैलरी लौटने को कहा, जिसे कोर्ट ने खारिज कर दिया -
स्टडी लीव दो साल की 21.01.2015 से 21.01.2017 की अवधि की थी,
याची ने 22.01.2015 से 23.03.2015 तक काम किया, और इस अवधि की सैलरी प्राप्त की, जिसे विभाग ने लौटाने को कहा, कोर्ट ने कहा कि कार्य करने की अवधि की सैलरी लौटाई नहीं जा सकती
officer concerned granted the leave on 23.3.2015, however, with effect from 21.1.2015 till 21.1.2017
petitioner worked from 22.1.2015 till 23. 3. 2015 and received salary
petitioner shall not be asked to refund the salary paid to him for the period he worked
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 29803 of 2016
Petitioner :- Sadan Ullah Khan
Respondent :- State Of U.P.Thru.Prin.Secy. Deptt. Basic Education. & Ors.
Counsel for Petitioner :- Alok Kr. Misra
Counsel for Respondent :- C.S.C.,Rajiv Singh Chauhan
Hon'ble Rajan Roy,J.
Heard.
The petitioner herein had sought study-leave earlier, which was not granted, therefore, he approached this court by means of writ petition No.236 (SS) of 2015 decided on 25.3.2015 in the following terms:
"In view of the order dated 23.03.2015, passed by the District Basic Education Officer, Unnao, which has been produced by Ms. Jyoti Sikka, learned counsel for the District Basic Education Officer, Unnao (taken on record), the grievance of the petitioner appears to have been redressed. Accordingly nothing needs to be adjudicated in this writ petition, which is disposed of.
However, if the petitioner is still aggrieved, he may make a representation to the authority concerned who shall consider and decide the same in accordance with law."
The officer concerned granted the leave on 23.3.2015, however, with effect from 21.1.2015 till 21.1.2017. Contention of Sri Mishra, learned counsel for the petitioner, is the petitioner worked from 22.1.2015 till 23. 3. 2015 and received salary. Now in view of the sanction of leave with retrospective effect from 21.1.2015 he would be liable to refund the salary received.
The contention appears to be reasonable enough, therefore, it is provided that the leave granted by the Basic Education Officer, Unnao on 23.3.2015 shall be effective from the date of the order and not prior to it and the petitioner shall not be asked to refund the salary paid to him for the period he worked and the said leave shall be treated as effective up to 23.1.2017 i.e. the period upto which the study was undertaken by the petitioner. The impugned order shall be treated as modified accordingly.
The writ petition is disposed of in the above terms.
Order Date :- 19.12.2016
A.Nigam
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स्टडी लीव दो साल की 21.01.2015 से 21.01.2017 की अवधि की थी,
याची ने 22.01.2015 से 23.03.2015 तक काम किया, और इस अवधि की सैलरी प्राप्त की, जिसे विभाग ने लौटाने को कहा, कोर्ट ने कहा कि कार्य करने की अवधि की सैलरी लौटाई नहीं जा सकती
officer concerned granted the leave on 23.3.2015, however, with effect from 21.1.2015 till 21.1.2017
petitioner worked from 22.1.2015 till 23. 3. 2015 and received salary
petitioner shall not be asked to refund the salary paid to him for the period he worked
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 29803 of 2016
Petitioner :- Sadan Ullah Khan
Respondent :- State Of U.P.Thru.Prin.Secy. Deptt. Basic Education. & Ors.
Counsel for Petitioner :- Alok Kr. Misra
Counsel for Respondent :- C.S.C.,Rajiv Singh Chauhan
Hon'ble Rajan Roy,J.
Heard.
The petitioner herein had sought study-leave earlier, which was not granted, therefore, he approached this court by means of writ petition No.236 (SS) of 2015 decided on 25.3.2015 in the following terms:
"In view of the order dated 23.03.2015, passed by the District Basic Education Officer, Unnao, which has been produced by Ms. Jyoti Sikka, learned counsel for the District Basic Education Officer, Unnao (taken on record), the grievance of the petitioner appears to have been redressed. Accordingly nothing needs to be adjudicated in this writ petition, which is disposed of.
However, if the petitioner is still aggrieved, he may make a representation to the authority concerned who shall consider and decide the same in accordance with law."
The officer concerned granted the leave on 23.3.2015, however, with effect from 21.1.2015 till 21.1.2017. Contention of Sri Mishra, learned counsel for the petitioner, is the petitioner worked from 22.1.2015 till 23. 3. 2015 and received salary. Now in view of the sanction of leave with retrospective effect from 21.1.2015 he would be liable to refund the salary received.
The contention appears to be reasonable enough, therefore, it is provided that the leave granted by the Basic Education Officer, Unnao on 23.3.2015 shall be effective from the date of the order and not prior to it and the petitioner shall not be asked to refund the salary paid to him for the period he worked and the said leave shall be treated as effective up to 23.1.2017 i.e. the period upto which the study was undertaken by the petitioner. The impugned order shall be treated as modified accordingly.
The writ petition is disposed of in the above terms.
Order Date :- 19.12.2016
A.Nigam
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
