Court No. - 5
Case :- WRIT - A No. - 3504 of 2020 Petitioner :- Shrikrishan Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Yogendra Kumar Yadav,Ram Jatan Yadav Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 & 2 and Sri Sanjay Chaturvedi, learned counsel appears for respondent nos. 3 to 5.
The petitioner by means of the present writ petition has prayed for the following reliefs:-
"(A) Issue, a suitable writ, order or direction in the nature of Mandamus commanding and directing to the Respondents to pay the entire unpaid arrears of salary to the petitioner computing since 01st July 2015 to December 2015, annual increment as due in July, 2015, benefits of 7th Pay Commission Recommendations i.e. Bonus and other monetary benefits, re- fixation of pension & post retiral benefits along with 18% cumulative interest, calculating till the date of actual payment in view of the judgment dated 19.08.2017 passed in Writ-A No.33360 of 2017 inre Angad Yadav & others Versus State of U.P. and 04 others as well as per the proviso of Rule-29 of "The Uttar Pradesh Basic Education (Teachers) Servie Rules, 1981".
(B) Issue any such other and further suitable writ, order or direction in the nature of Mandamus which this Hon'ble court may deem to be just and appropriate under the prevailing facts and circumstances of the case so that the petitioner shall not suffer irreparable loss and injury in the ends of justice. ommanding Basic Shiksha Adhikari, District Ballia (Respondent no.4) to release consequential benefits viz. Annual Increment due in July, 2015, benefit of 7th Pay Commission due in January 2016 and Bonus 2015-16 accruable to Late Satya Narayan Singh (Now deceased) in favour of the petitioner, within a specific period as may be directed by this Hon'ble Court.
(C). To award the cost of this writ petition in favour of the petitioner."
The petitioner was working as Headmaster in Purva Madhyamik Vidyalay Rupwar, District Ballia.
Though, the husband of the petitioner was to be retired on 30.06.2015, but due to extension granted to him pursuant to Government Order dated 09.12.2014, he retired on 31.03.2016.
It is contended by the learned counsel for the petitioner that the case of the petitioner is squarely covered by the decision dated 19.8.2017 rendered in the matter of Angad Yadav and 7 others Vs. State of U.P. and 4 others in Writ-A No. 33360 of 2017, and as such, the petitioner is entitled to arrears of salary due to change in the academic session.
Sri Sanjay Chaturvedi, learned counsel for the respondents does not dispute the fact that the principle of law laid down by this Court in the case of Angad Yadav (supra) has attained finality, and if the case of the petitioner is found covered by the said judgement, the payment of petitioner would be released expeditiously.
Under the aforesaid facts and circumstances, it is directed that in case the petitioner files an application before the District Basic Education Officer, Ballia alongwith a downloaded copy of this order within two weeks from today, the authority concerned shall take a decision in the case of the petitioner expeditiously and preferably within a period of two months thereafter, and if the petitioner is found entitled to the arrears of salary, etc, the same shall be paid within two weeks thereafter.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 12.8.2021 SKM