Court No. - 36
Case :- WRIT - A No. - 11378 of 2021 Petitioner :- Jitendra Bahadur Yadav Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Arvind Singh,Om Narayan Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
Present petition has been filed for writ of mandamus directing the respondents to pay the salary of petitioner from 16.09.1998 upto June, 2005 alongwith up to date interest.
Learned counsel for the petitioner submitted that earlier petitioner was not getting salary but, payment of salary was made to the petitioner vide order dated 15.7.2005 passed by respondent no.2. In the said order, it is stated that it would be given effect from the date of issuance of order. He is aggrieved by this part of order and submitted that he is entitled for payment of salary from the date of his joining not from the date of issuance of order.
Learned Standing Counsel submitted that he has not challenged the order dated 15.7.2005 passed by respondent no.2, therefore, no relief can be granted, which could not be disputed by the learned counsel for the petitioner.
I have considered the rival submissions made by the learned counsel for the parties and perused the record. Once the order dated 15.7.2005 is not under challenge, no relief can be granted to the petitioner.
Accordingly, the writ petition is dismissed with liberty to challenge the order dated 15.7.2005, if so advised.
Order Date :- 23.9.2021 Junaid