Court No. - 6
Case :- WRIT - A No. - 11968 of 2020 Petitioner :- Lal Chand And 3 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Sri Jitendra Kumar Singh, learned Standing Counsel appearing for the State respondent and perused the record.
Present petition has been filed with following prayers:-
"(i) Issue a writ, order or direction in the nature of Mandamus to release arrear of salary between period 01.07.2015 to 27.10.2015 to the petitioner No. 1, the arrear of salary since 01.07.2015 to 01.11.2015 of the petitioner no.
2 on the post of Assistant Teacher, the arrear of salary between period 01.07.2015 to 01.11.2015 to the petitioner no. 3 on the post of Head Master and the arrear of the salary between period 01.07.2015 to 01.11.2015 to the petitioner no. 4 on the post of Head Master in the light of order dated 19.08.2017 passed in writ petition no. 33360/2017 (Angad Yadav Vs. State of U.P. and 7 others).
(ii) Issue a writ, order or direction in the nature of the Mandamus directing the respondent No. 2 to take appropriate action for making payment of arrear of salary to the petitioners.
(iii) Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
(iv) To Award costs of the petition in favour of the petitioners."
The petitioners, who were working as Head Masters and Assistant Teachers, retired on their superannuation after getting benefit of the extension of services. The petitioners claim that the amount which were due and payable towards salary have not been paid till date when they actually worked despite Government Order dated 2.5.2017 as well as judgment of this Court in the case of Angad Yadav Vs. State of UP and 7 others (Writ Petition No. 33360/2017).
Drawing attention to order passed by this Court on 31.8.2020 in Writ- A No. 6392 of 2020 (Suresh Kumar And Another vs. State of U.P. And 2 Others), submission of learned counsel for the petitioner is that the matter is squarely covered by the aforesaid order.
Learned Standing Counsel could not dispute the same on merit, however, he submits no statement can be made in categorical terms. Apparently, the petitioner has submitted a representation to make his claim. He further submits that the matter can be considered by the authority concerned on merits.
In Writ- A No. 6392 of 2020 following order was passed by this Court:-
"Heard the learned counsel for the parties.
Petitioner was working as assistant teacher in Primary Pathshala and differet school. Petitioner has since superannuated. Grievance of the petitioners is that he has not been paid arrears of salary for the period for which he performed duty till end of the academic session upon retirement. Learned counsel for the petitioner would submit that impediment in granting salary pursuant to Govt. Order dated 2 May 2017 has been set aside by this Court in a decision rendered in Angad Yadav and 7 others vs. State of U.P. and 4 others (Writ - A No. 33360 of 2017).
Learned standing counsel appearing for respondents no. 2 and 3 would submit that the third respondent-District Basic Shiksha Adhikari, District Mau, shall pass appropriate order expeditiously.
In regard thereto, writ petition, on consent, stands disposed of directing the third respondent-District Basic Shiksha Adhikari, District Mau, to consider and decide the claim of the petitioner in terms of Angad Yadav (supra), expeditiously, preferably within a period of six weeks from the date of filing of certified copy of this order.
It is made clear that the Court has not considered the claim and contention of the petitioner on merit."
Consequently, the present petition is also disposed off in terms of the aforesaid judgement dated 31.8.2020 as quoted above. However, petitioner is at liberty to file fresh representation before the Respondent No. 3, District Basic Shiksha Adhikari, District Mau along with self attested copy of this order, which may be verified from the official website of this Court. In case, any such representation is filed by the petitioner, the same shall be considered and decided by the Respondent No. 3, District Basic Shiksha Adhikari, District Mau on its own merits.
With the aforesaid observations/directions, present petition stands disposed off.
Order Date :- 28.9.2021 vinay