Court No. - 16
Case :- WRIT - A No. - 6724 of 2018 Petitioner :- Sri Ram Singh Respondent :- State Of Up Through Principal Secretary, Madhyamik Govt.Of Up And 3 Others Counsel for Petitioner :- Ram Shish Ram Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was a Head Clerk in Rewati Inter College, Rewati, Ballia, who has attained the age of superannuation on 31.10.2012. It appears that payment of salary to petitioner was stopped on account of certain dispute raised with regard to existence of posts in the year 2007. The matter was ultimately examined by the State Government and an order dated 16.3.2016 was passed by the Principal Secretary stating that in respect of the petitioner a decision to pay salary would be taken after specific instructions are obtained from the Director of Education (Secondary). It is contended that the District Inspector of Schools vide his letter dated 3.8.2017 has forwarded the claim of petitioner to the Director of Education. It is further stated in para 12 that the Director has also forwarded the claim of the State Government but thereafter no decision has been taken so far. It is stated that petitioner has been denied salary between 2007 to 2012 and his retiral benefits are withheld. Claim of petitioner is yet to be examined in terms of the order dated 16.3.2016.
Learned Standing Counsel appearing for the State authorities submits that claim of the petitioner shall be considered in accordance with law.
Considering the nature of order proposed to be passed notices are not being issued to respondent no.4 and the writ petition is being disposed of at this stage itself.
In the facts and circumstances, noticed above, this writ petition stands disposed of with a direction upon respondent no.1 to examine claim of petitioner for release of arrears of salary between the period 2007 to 2012 as well as with regard to release of retiral benefits within a period of three months from the date of presentation of certified copy of this order.
Order Date :- 26.2.2018 Ashok Kr.