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Prayagraj, May 25 (Hindustan Times). The Allahabad High Court has sought an explanation within a month against Basic Education Council Secretary Prayagraj Pratap Singh Baghel and other officials appointed to these posts, including District Basic Education Officers and Finance and Accounts Officers of 16 districts. The court asked why he should not be punished for disobeying the Supreme Court order.
Along with this, the court directed the Principal Secretary, Basic Education, UP and the Director General, Basic Education, UP to ensure that the Supreme Court’s order is complied with and submit an action report. The hearing of the petitions will be held on August 2. Justice Rohit Ranjan Agarwal passed the order during a simultaneous hearing of dozens of contempt petitions, including those of Sudesh Pal Malik.
The court ordered payment of gratuity with interest to the widows or heirs of the teachers who died in service. The government did not get relief until the Supreme Court. And the Supreme Court has also directed payment of gratuity with 18 percent interest in case of failure to pay within four months.
On a contempt petition filed for non-compliance, the court directed the Secretary Basic Education Council to issue guidelines to all district basic education officers in the state. Guidelines were released. Gratuity was then paid but no interest was paid. It was said that the permission of the state government has been sought. That is what is being awaited.
The secretary of the Basic Education Council filed an affidavit and informed that a total of 1276 teachers in the state have to be paid. Out of which the order has been followed in the case of 355 teachers. 921 cases are still pending in which orders are to be followed.
The court said that the order of the Supreme Court is binding on all officers under Article 142. One should not wait for orders from a subordinate body to carry out orders. The Government cannot act like hearing an appeal on the order of the Supreme Court. The court held that it is the statutory duty of the District Basic Education Officer that as soon as the death of a teacher is known, he should ensure the payment of retirement benefits to his widow or heirs.
The court said that for the last one and a half years the court has been issuing orders to comply with the orders and only partial compliance can be done. Making a strong comment, the court said that the Secretary Basic Education Council does not sit in the Prayagraj office. He resides in the Lucknow Camp Office. How can they control their subordinates when they don’t even come to their office. How to run an office properly. The court said that the secretary has failed to perform his duty. He has lost control over his subordinates. No BSA is following their orders. Subordinate officers are sitting on file. not working
The court has directed Principal Secretary Basic Education UP and Director General Basic Education to take action in this matter. The court said that the widows of the teachers are going round the court for justice. The government has been ordered to pay by the Supreme Court. However, it is not followed. Contempt cases cause the government to bear the burden of government expenditure. Paying the fees of private lawyers is costing taxpayers money. The court also insisted on presentation of BSA cases through the public prosecutor. Said his lawyers were not giving proper advice to the BSA. Why does the government pay the fees of BSA’s private lawyers? The officers who are not complying with the order, should be asked to bear the cost of the case.
The court held that the Secretary Basic Education Council, the District Basic Education Officer and the Finance and Accounts Officer were liable for disobeying the order. which should be acted upon. The court framed charges of contempt against the District Basic Education Officers and Finance and Accounts Officers posted in the districts of Azamgarh, Saharanpur, Ghazipur, Maharajganj, Bijnor, Moradabad, Bareilly, Deoria, Shamli, Hathras, Ballia, Jalaun, Basti, Mathura, Prayagraj, Siddharthnagar etc. done