Ashok Kumar Singh S/O Late Mahatam ... vs State Of U.P. Through Secy. ...
2011 Latest Caselaw 5223 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- SERVICE SINGLE No. - 7669 of 2011
 

 
Petitioner :- Ashok Kumar Singh S/O Late Mahatam Singh
 
Respondent :- State Of U.P. Through Secy. Secondary Edu. Lko. & Ors.
 
Petitioner Counsel :- H.G.S.Parihar
 
Respondent Counsel :- C.S.C.,Pradeep Kumar Yadav
 

 
Hon'ble Shabihul Hasnain,J.

Heard Sri H. G. S. Parihar, learned counsel for the petitioner and the learned Standing counsel for the opposite parties no. 1 to 4 only as well as Sri I. P. Singh for opposite party no. 6.

Sri Indrapal Singh, Advocate, has filed Vakalatnama on behalf of opposite party no. 5, which is taken on record.

Issue notice to opposite party no. 6.

Under challenge  is the order dated 31.07.2011 , passed by the Director of Education (Secondary), U. P. , Lucknow, as contained in  annexure-1 to the petition.  The Director has passed a detailed order in compliance of the Court's order in Writ Petition No. 45723 of 2010,  (Rajendra Singh (Manager) vs. State of U. P. & others) at Allahabad. Case has got a chequered history. At this juncture, it is not  necessary to detail all the facts.

The petitioner has argued that since he was getting the salary under the orders of the High Court, it cannot be recovered from him by the opposite parties. They themselves made the payment without any connivance of the petitioner.

The petitioner has further argued that the salary for the period which he has actually asked cannot be recovered because otherwise his work will be  termed as 'beggar' which is prohibited under Article 23 of the Constitution.

So far other aspects of the matter are concerned, Sri I. P. Singh and   Standing counsel for the opposite parties have prayed that may be  allowed to file counter-affidavits.

Let counter-affidavit be filed within three weeks. Rejoinder-affidavit, if any, may be filed within a week thereafter.

List thereafter.

Meanwhile, no recovery shall be made with regard to the order dated 31.07.2011,  passed by Director of Education (Secondary), U. P. , Lucknow, as contained annexure-1 to the petition.

Order Date :- 18.10.2011

RS.