Though the writ petition was entertained and time was granted to file counter affidavit but no counter affidavit is filed. Last opportunity for filing counter affidavit was given on 09.12.2019 but even thereafter counter is awaited. In such circumstances this Court was constrained to pass following orders on 09.08.2021:
"It is contended that the issue raised in this petition stands settled in favour of the petitioner in light of the decision rendered by a learned Judge in Dharmpal Singh Rajpoot and Others v. State of U.P. And Others [Civil Misc. Writ Petition No. 10665 of 2006]. Learned Standing Counsel to obtain instructions.
Include in the additional cause list of 23 August 2021. "
Learned Standing Counsel states that despite intimation sent the instructions are yet to be received.
This petition has remained pending since 2014 but no counter affidavit has been filed despite stop order. Learned Standing Counsel has not been able to obtain instructions or file counter affidavit despite the aforesaid order. The writ petition is thus taken up for hearing by applying doctrine of non traverse and the averments made in the writ petition are treated to be correct.
Petitioner nos.1 and 2 were initially appointed as Assistant Teacher in L.T. Grade and C.T. Grade, respectively. Their initial appointment was in a government institution. They essentially claim parity in the payment of salary at par with the teachers of model school.
It is pointed out that in similar facts and circumstances a Writ Petition No.39187 of 2011 (Vishwa Nath Tripathi and others vs. State of U.P. and others) has been disposed of by this Court vide following order passed on 28.07.2011:
"Heard Shri Hitesh Pachori, learned counsel for the petitioners and learned standing counsel for the State respondents.
The petitioners have come up for extension of the same benefits as has been given by this Court in the judgment dated 30.03.2009 passed in Civil Misc. Writ Petition No. 10665 of 2006 (Dharampal Singh Rajpoot and others Vs. State of U.P. and others). A copy of the said judgment has been appended as annexure 5 to the writ petition. It has further been submitted that the said judgment has also been followed by the Lucknow Bench of this Court vide judgment dated 13.07.2009 in the case of Basant Kumar Pathak and others Vs. State of U.P. and others [Writ Petition No. 5292 (S/S) of 1998]. A copy of the said judgment has been appended as annexure 6 to the writ petition.
Learned counsel upon an enquiry have stated that to their best of knowledge no special appeal has been filed against the said judgments. Since the claim of the petitioners are identical to the petitioners of the said writ petition, this writ petition is disposed of with a direction that the petitioners would also been entitled to the same benefit as under the judgment dated 30.03.2009 in the case of Dharampal Singh Rajpoot (supra).
The writ petition is accordingly disposed of with a direction to the respondents to implement the said judgment as per the directions contained therein in respect of the petitioners as well."
For the reasons aforesaid, this petition also stands disposed of in terms of the order dated 28.07.2011.
Order Date :- 25.8.2021 Ashok Kr.