Court No. - 7
Case :- WRIT - A No. - 23023 of 2018 Petitioner :- Shailesh Kumar Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Anand Kumar Pandey, learned counsel for the petitioner and learned Addl. Chief Standing Counsel for the State respondents.
2. The petitioner claims to have been regularly appointed on the post of clerk at the institution namely Samitra Samaj Uchchatar Madhyamik Vidyalay Husenabad, District Ballia in the year 2013. He submits that owing to certain dispute that was pending at the relevant time, salary payment to the petitioner was not made. However, it is then submitted that subsequent to the decision of this Court in the case of Dhruv Narain all the legal impediment had been removed and the petitioner became fully entitled for salary payment.
3. Learned Additional Chief Standing Counsel states, it is premature to determine the claim of the petitioner at this stage or to determine whether the petitioner is entitled to full salary payment, inasmuch as no competent authority has yet to be examined this issue.
4. In view of the above, no useful purpose would be served in keeping this writ petition pending or calling for counter affidavit. Hence, the same is disposed of with the following observations and directions:
(i) the petitioner may file a fresh representation alongwith a certified copy of this order before the respondent no.4 -District Inspector of Schools, Ballia within a period of two weeks from today;
(ii) in the event the said respondent is of prima facie view that the representation deserves to be rejected, he may issue a prior show cause notice to the petitioner specifying the points on which the petitioner's representation is proposed to be rejected, within three weeks therefrom;
(iii) the petitioner shall be at liberty to file his final reply to such notice, if issued, within two weeks and no more from the date of receipt of that notice;
(iv) the respondent no.4 may proceed to hear and decide the same strictly, in accordance with law and pass a reasoned and speaking order within a period of three months from the date of filing of last reply by the petitioner, if any.
Order Date :- 27.10.2018 Lbm/-