Court No. - 36
Case :- WRIT - A No. - 9056 of 2019 Petitioner :- Afsar Ali Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rajesh Shukla Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Mrs. Sunita Agarwal,J.
The petitioner herein seeks writ of mandamus commanding the respondent no.3 District Basic Education Officer, Moradabad to pay him arrears of salary to the post of Assistant Teacher (English) in Islamia Junior High School, Moradabad from 10.5.2016 to 9.10.2017 ie from the date of joining till the date of approval of his appointment.
At the outset, prayer to seek interest on the said arrears is turned down, in as much as, it is an admitted fact that the appointment of the petitioner to the aforesaid post was approved vide order dated 15.9.2017 passed by the District Basic Education Officer Moradabad after making due enquiry. The question, therefore, remains for payment of arrears of salary to the petitioner to the above post for the aforesaid period.
The contention of learned for the petitioner is that the appointment letter was issued to the petitioner by the Authorised Controller of the Institution on 2.6.2017 as the then District Basic Education Officer, Moradabad did not intimate his decision with regard to the approval of the petitioner's appointment. The petitioner had joined on 10.5.2016 and was working as such when approval order dated 15.9.2017 was passed. Submission is that the order of approval categorically records that the appointment of the petitioner is approved from the date of appointment itself and directions were also given for payment of salary to the petitioner. The order of the District Basic Education Officer Moradabad dated 15.9.2017 is appended at page-'28' of the paper book.
For the aforesaid facts, it would be appropriate that the District Basic Education Officer, Moradabad shall release arrears of salary of the petitioner for the aforesaid period after making due enquiry as to the facts of joining and working of the petitioner to the said post in the Institution-in-question.
The said enquiry shall be completed within the period of one month from today and arrears of salary shall be released, accordingly.
Subject to the above observations and directions, the writ petition is disposed of.
Order Date :- 29.5.2019 Harshita