Court No. - 40
Case :- WRIT - A No. - 6183 of 2005 Petitioner :- Vimal Kumar Respondent :- State Of U.P. And Others Counsel for Petitioner :- A.K. Malviya Counsel for Respondent :- C.S.C.
Hon'ble Anil Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
Learned counsel for the petitioner submits that the petitioner, who was appointed on Class IV post in the institution known as Style Janta Uchchatar Madhyamic Vidyalay, Jangipur, District-Ghazipur, is working and discharging his duties on the said post since 16.01.1987. Thereafter, on 24.09.1987, respondent no.2 has given financial approval in favour of the petitioner, but till date, salary has not been paid to him in spite of repeated requests and reminders. As no heed paid, he approached this Court by filing the present writ petition with the prayer that opposite party may be directed to pay the salary to the petitioner each and every month as well as entire arrears, which is due till date.
On 12.04.2005, this Court was granted time to learned State Counsel to file counter affidavit, but till date the same has not been filed.
Thus, after hearing learned counsel for the parties and going through the records, taking into consideration the law as laid down by Hon'ble the Apex Court in the case of Choksi Tube Co. Ltd. vs. Union of India (1997) 2 SCC 197 and Naseem Bano vs. State of U.P. & Ors. AIR 1993 SC 2592, writ petition is disposed of with a direction to the petitioner to move a fresh representation to opposite party no.2/District Inspector of Schools, District-Ghazipur within four weeks from today in respect to his grievances which he has raised in the present writ petition annexing all relevant documents and materials in support of his case and after receiving the same, the said authority shall consider and dispose of by way of speaking and reasoned order in accordance with law within a further period of six weeks and communicate to him.
Order Date :- 22.2.2019 Mahesh