Court No. - 7
Case :- WRIT - A No. - 23052 of 2018 Petitioner :- Bidi Chandra Pal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Sailendu Kumar Upadhyay, learned counsel for the petitioner and learned Addl. Chief Standing Counsel for the State respondents.
2. Petitioner is aggrieved by non-payment of salary during his suspension period i.e. 20.06.2014 to 17.03.2015.
3. In this regard, it is stated that while the petitioner was functioning as an adhoc principal of the aforesaid institution, he had been suspended on 20.06.2014, which suspension was revoked with effect from 18.03.2015. It is further submitted that during the period from 20.06.2014 to 17.03.2015, the petitioner was neither paid his salary nor suspension allowance.
4. It is next submitted that once the suspension order was revoked without any penalty, the petitioner became entitled to full salary payment. In this regard, the petitioner further appears to have filed a representation dated 28.11.2017 before the District Inspector of Schools, Mainpuri/respondent no.2 (Annexure-5 to the writ petition), which representation is stated to be pending.
4. In view of the above, no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit. Hence, the same is disposed of with the following observations and directions:
(i) since the petitioner has already filed a representation on 28.11.2017, he may also file a certified copy of this order before the respondent no.2 - District Inspector of Schools, Mainpuri within a period of two weeks days from today;
(ii) in the event the said respondent is of prima facie view that the representation deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected within two weeks therefrom;
(iii) the petitioner shall be at liberty to file his final reply to such notice, if issued, within three weeks and no more from the date of receipt of that notice;
(iv) the respondent no.2 may proceed to hear and decide the same strictly, in accordance with law and pass a reasoned and speaking order within a period of one month from the date of filing of last reply by the petitioner, if any.
Order Date :- 27.10.2018 Lbm/-