– Akhilesh Tripathi
Lucknow: In a significant ruling, the Allahabad High Court has overturned the decision of the Mau District Minority Welfare Officer. The court stated that an employee’s salary cannot be withheld after 30 years on the grounds that the position was not created.
This decision was made in response to a petition filed by Shafiq Ahmed, a teacher at Madrasa Jamia Alia Arabia, Ali Nagar, in Mau district, who had not been receiving his salary.
Madrasa Jamia Alia Arabia is managed by a non-government aided minority institution in Ali Nagar. A total of 27 teaching and non-teaching staff positions have been approved, and all employees have been receiving their salaries.
In the past, due to an increase in student enrolment, a request was made to create additional teaching positions. Following an inspection, the District Basic Education Officer recommended the creation of 14 new positions. Subsequently, a recommendation was sent to the Director of Urdu, Uttar Pradesh, Lucknow, for necessary action.
Shafiq Ahmed had been working as an Assistant Teacher (Primary) at the madrasa since 1988. After the approval of positions in 1995, he started receiving his salary from the government treasury.
In 2021, when the position of Assistant Teacher (Secondary) became vacant, the promotion process was initiated. As a result, Shafiq Ahmed was promoted, and the necessary documents were sent to the Mau District Minority Welfare Officer. The officer forwarded the documents to the Registrar/Inspector, Uttar Pradesh Madrasa Education Board, Lucknow, for financial approval, which was granted.
However, despite receiving financial approval, Ahmed was still not paid his salary.
When Ahmed inquired about his unpaid salary, he was informed that the Director of Urdu had approved the position without obtaining the state government’s permission. As a result, his earlier appointment as an Assistant Teacher (Primary) was deemed to be on a non-sanctioned position. Consequently, the order to release his salary was revoked.
Following this, Ahmed approached Allahabad High Court, seeking justice against this decision. The High Court accepted his petition and conducted a hearing on, March 17, before the bench of Justice Prakash Pandia.
During the hearing, Ahmed’s counsel argued that the disputed order didn’t clarify how the position was not sanctioned, despite the fact that a government order in 1996 had granted approval. Furthermore, no allegations of fraud or misconduct had been made against Ahmed to justify the cancellation of his appointment. He had been receiving his salary from the state treasury from 1995 until February 2024. Removing him from his position without any charges was unlawful.
After hearing arguments from both sides, Justice Prakash Pandia delivered his verdict. He stated, “An employee cannot be deprived of their salary after working for 30 years in a sanctioned position. For nearly 30 years, there was no dispute over the petitioner receiving his salary. The authorities were fully satisfied that his appointment was valid, which is why he was continuously paid. Thus, the petitioner is not at fault in any way.”
With this ruling, the court overturned the order of the Mau District Minority Welfare Officer, which had stopped Ahmed’s salary on the grounds that his position was not officially created.
The Allahabad High Court’s decision is seen as a major setback for the BJP-led Uttar Pradesh government, which has been known for its strict stance against madrasas. Whenever given an opportunity, the state government has taken actions against madrasas. If possible, it would eliminate madrasas entirely from the state, but it has been unable to do so.
The Allahabad High Court thwarted the state government’s intentions, ruling in favour of Shafiq Ahmed and directing the release of his salary while overturning the order issued by the Mau District Minority Welfare Officer.
