Court No. - 10
Case :- WRIT - A No. - 111 of 2021 Petitioner :- Vinay Kumar Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shyam Dhar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard counsel for the petitioner. Learned Standing Counsel appearing on behalf of respondent nos. 1 to 4.
In view of the order proposed to be passed, notices need not issue to the respondent no.5.
The petitioner has preferred the present writ petition inter-alia with the following prayers:-
"i) issue a writ, order or direction in the nature of mandamus directing and commanding the respondents authorities to take decision by Director of Education, U.P. Allahabad pursuant to proceeding initiated by District Inspector of Schools, Jaunpur;
ii) issue a writ, order or direction in the suitable nature commanding the respondents to provide salary to petitioner as it is decided by District Inspector of Schools, Jaunpur and to pay retiral benefits to petitioner;"
It is argued by the counsel for the petitioner that earlier the petitioner has approached this Court by filing writ petition being Writ -A No. 54305 of 2008 (Vinay Kumar Dubey vs. State of U.P. & Others) though the said writ petition was dismissed but the following observations were also made by the Coordinate Bench of this Court which reads as follows:-
"Sri Shukla, learned counsel for the petitioner submits that the salary for the period when the petitioner has actually worked has not been paid to him, therefore, a direction may be issued for the payment of salary.
It is provided that the petitioner may pursue his remedy independently, no direction can be issued by this Court."
Pursuant to the same when the representations were made, the letter was written by the District Inspector of Schools, Jaunpur/respondent no. 4 to the Director of Education (Secondary), U.P. Allahabad on 27.08.2016, copy of which is appended as Annexure-20 to the writ petition.
It is argued that by the aforesaid letter papers and documents regarding salary of the petitioner were forwarded by the respondent no. 4 before the respondent no. 2. It is argued that considerable time has already been lapsed till date no decision has been taken on the same by the respondent no. 2. Hence the petitioners have preferred the present petition before this Court. In view of the above, without expressing any opinion on the merits of the case, the present writ petition is disposed of finally with liberty to the petitioner to file a fresh comprehensive representation ventilating all his grievances before the respondent no. 2, Director of Education (Secondary), U.P. Allahabad within a period of three weeks from today along- with self attested computer generated copy of this order downloaded from the official website of High Court Allahabad and in case any such representation is filed by the petitioner before the respondent no. 2 within the time indicated herein- above, he shall consider and decide the same strictly in accordance with law by a speaking and reasoned order as expeditiously as possible preferably within a period of three months from the date of filing of such representation by the petitioner before him.
Order Date :- 13.1.2021 Swati