Smt. Manju Devi vs State Of U.P. Through Its ...
2012 Latest Caselaw 1019 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 20
 

 
Case :- SERVICE SINGLE No. - 1999 of 2012
 

 
Petitioner :- Smt. Manju Devi
 
Respondent :- State Of U.P. Through Its Secy.Secondary Edu. And Others
 
Petitioner Counsel :- Ajay Pratap Singh
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Devendra Kumar Arora,J.

Notices on behalf of opposite parties have been accepted by the learned Chief Standing Counsel.

On the basis of the instructions, learned Standing Counsel submits that the enquiry is still pending and no report has been submitted till date, however, due to the impugned order the salary of the petitioner has been withheld as the opposite party no.2 has directed all the concerning District Inspectors of Schools that payment of salary to the newly appointed Principals/Teachers shall be withheld till conclusion of enquiry.

It is further informed that no doubt petitioner has been appointed on the post of the  Principal on the basis of the selection held by a Committee headed by the Regional Joint Director of Education, Faizabad Division, Faizabad and petitioner has also joined in the institution and is working at present.

Prima facie,the case for interim relief is made out.

Unless and until the specific order in each and every case is issued regarding withholding of salary of selected candidate, who has already joined, the payment of salary cannot be withheld on the basis of general order/direction issued by the impugned order.

List this case in the month of July, 2012.

In the meantime, the petitioner shall be entitled to get the salary. However, the opposite parties would be at liberty to file counter affidavit or move application for vacation of the interim order after completion of the enquiry.

Order Date :- 27.4.2012

Suresh