Court No. - 39
Case :- WRIT - A No. - 14938 of 2019 Petitioner :- Chandrika Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Udai Shankar Chauhan Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner, learned standing counsel for respondent no. 1 and Sri R.B. Pradhan, learned counsel for respondent nos. 2 and 3.
Present petition has been filed for following prayer;
"1. issue a writ, order or direction in the nature of mandamus directing the respondents to release the due salary of the petitioner since December, 2008 to July, 2009 and pension since July, 2012 to November, 2012 with interest within stipulated time period."
Learned counsel for the petitioner submits that he was appointed as Assistant Teacher at Junior High School, Bahadurganj, Kasimabad, Ghazipur vide appointment letter dated 19.11.1982. During his service tenure, he has been transferred to many other places and ultimately, retired from service on 30.06.2012. In the year 2008, some criminal proceeding was initiated against the petitioner and he was in jail since 24.12.2007 to 16.01.2008 and for that period, salary as well as other dues of the petitioner was stopped. For redressal of grievance, he has moved several representations before the authorities, but till date, the same has not been decided. Lastly, he submits that a suitable direction may be issued to the respondents to pass order for due payment as prayed in the writ petition.
Sri R.B. Pradhan, learned counsel for respondent nos. 2 and 3 submits that petitioner may be directed to file fresh representation before respondent no. 2 and in case any such representation is filed, respondent no. 2 shall consider and decide the same at the earliest in accordance with law.
Under such facts and circumstances, this petition is disposed of with liberty to the petitioner to file fresh representation along with certified copy of the order before respondent no. 2 within two weeks from today and in case any such representation is filed, respondent no. 2 shall consider and decide the same strictly in accordance with law maximum within a period of six weeks from the date of production of certified copy of the order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no. 2 to decide the application of the petitioner after considering the relevant Rule as well as Government Orders occupying the field.
Order Date :- 27.9.2019 Arvind