Court No. - 35
Case :- WRIT - A No. - 8883 of 2020 Petitioner :- Vidya Bhushan Mishra And 4 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shivendu Ojha,Sr. Advocate Sri Radha Kant Ojha Counsel for Respondent :- C.S.C.,Amit Kumar Singh,Ved Byas Mishra
Hon'ble Salil Kumar Rai,J.
In pursuance to the previous order passed by this court, the District Inspector of Schools, Mau is personally present in the Court.
A personal affidavit sworn by Shri Rajendra Prasad Yadav, the District Inspector of Schools, Mau has been filed in the Court today which is taken on record.
It has been stated in paragraph nos. 12 to 16 of the affidavit filed by the District Inspector of Schools, Mau that the payment of salary to the petitioners has been approved and the petitioners have been paid their salary for one month and it has been stated by the Standing Counsel that the future salary of the petitioners shall be paid regularly.
The order dated 6.1.2021 releasing the salary of the petitioners is annexed as Annexure-3 to the affidavit. The order dated 6.1.2021 implies that the petitioners are entitled to payment of salary as their appointments have been approved by the Vice Chancellor and the District Inspector of Schools had no jurisdiction to test the legality of the approval granted by the Vice Chancellor and was duty bound to release the salary of the petitioners.
In view of the aforesaid, the petitioners are also entitled to the arrears of salary that has accrued in their favour from the date of their joining the institution.
The writ petition is disposed of with the direction to the District Inspector of Schools, Mau to ensure that the arrears of salary accrued in favour of the petitioners shall also be released within a period of two months from today and further, the future salary shall be paid to the petitioners regularly.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 13.1.2021/IB