HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 61749 of 2011 Petitioner :- Awadhesh Kumar Bajpai Respondent :- The State Of U.P. And Others Petitioner Counsel :- K.P.Shukla Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The petitioner is an Accountant in Basic Shiksha Hamirpur. Vide letter dated 9.7.2011 the petitioner has been directed to pay outstanding balance salary to Smt. Meena Qurashi for the period 22.1.2010 to 30.6.2010.
The contention of the petitioner is that in Civil Misc. Writ Petition No. 35647 of 2010, Smt. Meena Qurashi and others Vs. State of U.P. and others, this Court vide order dated 18.6.2010 has directed to pay salary w.e.f. 1.6.2010 and the petitioner is paying salary to Smt. Meena Qurashi w.e.f. 1.6.2010 and unless there is an order of this Court to pay salary for the period 22.1.2010 to 30.6.2010 the petitioner cannot release the salary and inasmuch as the District Magistrate, Hamirpur has no power to issue any direction inasmuch as the petitioner does not come under the control of the District Magistrate. By the order dated 11.7.2011, the District Magistrate has further directed the Senior Accountant Hamirpur to stop payment of salary to the petitioner until further orders. This direction of the District Magistrate is patently illegal.
The contention of the petitioner has substance.
Learned Standing Counsel is directed to file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List thereafter.
Till the next date of listing, the operation of the order dated 11.7.2011 issued by the District Magistrate, Hamirpur shall remain stayed.
Order Date :- 21.10.2011 OP