Court No. - 36
Case :- WRIT - A No. - 5901 of 2021 Petitioner :- Ashika Prasad Shukla Respondent :- The District Inspector Of Schools And 2 Others Counsel for Petitioner :- Komal Khare,Somesh Khare Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Somesh Khare, learned counsel for the petitioner and learned Standing Counsel.
Present writ petition has been preferred for a direction to respondent no.1-District Inspector of Schools to decide the representations of the petitioner dated 4.12.2020 and 18.1.2021 within stipulated period.
The record in question reflects that the petitioner was appointed as Asstt. Teacher on short term vacancy. Once his appointment was rejected, he preferred Writ Petition No.5050 of 2001 in which interim order was passed on 12.2.2001 to the effect that if the petitioner is working as teacher in L.T. Grade, he shall be permitted to continue to work. The said interim order was modified on 27.2.2003 to the extent that the petitioner shall be paid his current salary month by month from March, 2003 onwards, if he continues to work as teacher in L.T. Grade. The said writ petition was finally dismissed vide order dated 31.10.2018. Against the same, the petitioner had preferred Special Appeal No.1131 of 2018 (Ashika Prasad Shukla v. The District Inspector of Schools & Ors.) in which interim order was accorded on 14.11.2018 to the effect that interim order granted in writ petition dated 12.2.2001 shall continue till the next date of listing. It is contended that the said interim order is still operating and the special appeal is also pending. It is contended that on the strength of the interim order he continued to work and superannuated on 31.3.2020.
It is contended that the petitioner had joined his services on 6.8.1992 and thereafter continued to work till the date of superannuation. However, he was paid salary only w.e.f. 5.11.2003 till the date of retirement. For disbursement of salary for the period from 6.8.1992 to 5.11.2003 he had moved representations to the DIOS, Prayagraj dated 4.12.2020 and 18.1.2021 but the same are still unattended. Learned counsel for the petitioner states that the claim of the petitioner is liable to be addressed in the light of the aforesaid interim orders and as such this Court may come for rescue and reprieve of the petitioner.
Considering the aforesaid facts and circumstances, this writ petition stands disposed of asking the authority concerned to look into the grievance of the petitioner and decide the aforesaid representations in accordance with law expeditiously and preferably within six weeks from the date of production of copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 19.8.2021 SP/