Court No. - 58
Case :- WRIT - A No. - 24828 of 2018 Petitioner :- Harishanker Prasad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners claim to have been appointed on a Class-IV post in Uchchattar Madhyamik Vidyalaya Devkali, Ballia. It appears that an issue relating to legality of their appointment was raised and the claim was accepted by the District Inspector of Schools, Ballia on 02.08.2016. The amount, however, was paid to the petitioners for the period February, 2011 to March, 2016 on 13.05.2018. The petitioners subsequently have raised a claim before the authorities for payment of interest on the withheld salary from 02.08.2016 till the date the amount itself was paid. Such claim, however, has been rejected.
From the perusal of the record it appears that on the claim raised by the petitioner following order was passed by this Court on 26.07.2017:-
"I have heard Sri Gopal Ji Rai, learned counsel for the petitioners, Sri A.K. Upadhyay, learned Standing Counsel and perused the record.
Having due regard to the facts of the case, no useful purpose would be served in calling response from the respondents hence the writ petition is taken on Board. With the consent of learned counsel for the parties, the writ petition is being disposed finally at this stage in terms of the Rules of the Court.
Considering the fact that the petitioners have not been paid paid the salary for a considerable long period, I am of the view that the ends of justice will be amply met by issuing a direction upon the Director of Education (Secondary) to take appropriate decision in accordance with law expeditiously, preferably within two months from the date of communication of this order. The writ petition is, accordingly, disposed of. No order as to costs."
Although petitioners are claiming interest since 2016, but no direction was issued by this Court in the previous writ petition, although a cause in that regard had arisen. Even otherwise it appears that issue of legality of the petitioners' appointment was under consideration after the directions were issued by this Court to determine the sanction strength of teaching and non-teaching staff in Writ Petition No. 26307 of 2010 (Dhruv Narain Singh vs. State of U.P.).
In such circumstances, this Court finds that there is no wilful default on the part of the authorities in releasing the amount of salary to the petitioner. As such, no direction need be issued to the authorities to pay interest to the petitioners upon the amount of salary.
The writ petition is dismissed.
Order Date :- 26.11.2018 Pkb/