Court No. - 34
Case :- WRIT - A No. - 13575 of 2020 Petitioner :- Ishtyaq Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Istiyaq Ali,Ali Hasan Counsel for Respondent :- C.S.C.,Mrigraj Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Mrigraj Singh who appears for the Basic Education Officer.
The petitioner was selected and appointed as an Assistant Teacher in Urdu on 15 March 2016. It appears that the aforesaid selection was subjected to challenge by unsuccessful candidates in Writ-A No. 23477 of 2016. On that petition initially an interim order was passed restraining the respondents therein from finalising the selection. That interim order was subjected to challenge in Special Appeal (Defective) No. 135 of 2017. The Special Appeal was disposed of with the following observations:-
"Consequently, looking into the fact and circumstances of the case, we dispose of the Special Appeal by modifying the order dated 30.05.2016 by mentioning that all such candidates, who have been appointed, their functioning be not disturbed and appointment made shall abide by final order to be passed in writ petition but we also make it clear that in case any illegality is found, then qua the same, authority concerned are free to make an enquiry and conclude the same in accordance with law and take appropriate remedial measure. "
Pursuant to the aforesaid directions, it is contended that the petitioner continued to work. The writ petition preferred by the unsuccessful candidates ultimately came to be dismissed on 07 May 2019. Learned counsel for the petitioner contends that although the petitioner was permitted to work and has been paid emoluments, arrears of salary for the period 15 March 2016 to 29 December 2017 are still due and payable.
Sri Singh learned counsel representing the Basic Education Officer, the third respondent here, states that subject to verification of all facts and contentions on merits being kept open, the claim of the petitioner as raised here shall be duly attended to and a final decision communicated with expedition and preferably within a period of one month from the date of presentation of a duly authenticated copy of this order.
Present petition stands disposed of in light of the statement recorded above.
Order Date :- 13.1.2021 Arun K. Singh/Krishna* (Yashwant Varma, J.)