Court No. - 4
Case :- WRIT - A No. - 24910 of 2018 Petitioner :- Smt. Subhawati Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bal Mukund Singh,Shri Prakash Mishra Counsel for Respondent :- C.S.C.,Bhanu Pratap Singh Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner before this Court has sought relief in the nature of mandamus commanding concerned respondent to release the salary of the petitioner for period she has served between 27.06.2015 to 30th June, 2015 as headmaster and further the grant of promotional pay-scale as she had joined pursuant to the promotion order validly made and also fixation of pension accordingly.
The petitioner has relied upon the division bench order of this Court passed in Special Appeal (Def.) No. 192 of 2017, Doodh Nath Yadav and Others v. Mr. Nand Lal Ram and Others, in which this Court had directed for continuance of all those persons as headmaster who joined pursuant to list of promotion prior to 31sth January, 2017 and, therefore, petitioner's case falls within the aforesaid category and so, according to him there was no occasion to withhold the salary of the petitioner for the period he has served as headmaster and also not to grant promotional pay-scale. The petitioner has already represented the mater before 4th respondent.
Sri S.P. Tripathi, Advocate holding brief of Sri B.P.Singh, learned counsel for the respondent states that application of the petitioner shall be considered in accordance with law in the light of the order of this Court passed in Special Appeal Defective (supra), if the petitioner's case is covered.
In view of above, 4th respondent is directed to pass appropriate orders considering the claim /grievance of the petitioner for non payment of promotional pay scale pursuant to the promotion order and the salary for the period in question he served as headmaster and also fixation of pension on the basis of salary to be fixed after grant of promotional pay scale as last pay drawn. Necessary order shall be passed by the 4th respondent within period of 2 months from the date of production of certified copy of this order.
Writ petition stands disposed of.
Order Date :- 27.11.2018/Sanjeev