Jai Narain Chaudhari vs State Of U.P. And Others
2012 Latest Caselaw 707 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- WRIT - A No. - 4269 of 2007
 

 
Petitioner :- Jai Narain Chaudhari
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- B.S. Pandey
 
Respondent Counsel :- C.S.C.,J.Kumar
 

 
Hon'ble Devi Prasad Singh,J.

Heard learned counsel for the petitioner and the learned Standing Counsel.

The petitioner, who had been assistant teacher in Sri Shanker Junior High School Patha, Sagauli, Tehsil- Gaurautha, District-Jhansi has approached this Court under Article 226 of the Constitution of India for issuance of a writ in the nature of mandamus directing the respondents to pay arrears of salary from January, 1989  till November, 1991 and 1993 to 1994.  The petitioner further prays for fixation of salary in revised pay scale in terms of pay commission report w.e.f. 1986 to 1996.

Admittedly, the petitioner had attained the age of superannuation on 30.6.2011.  The writ petition is pending since 2007.

In the counter affidavit filed on behalf of the opposite parties no. 2 and 3, it has been averred that since the petitioner had not performed his duties for a certain period and absented himself, he was not paid salary of the said period.

Learned counsel for the petitioner submits that the attendance register which contains real entry, was not summoned by the Basic Shiksha Adhikari.

Keeping in view the facts and circumstances of the case, liberty is given to the petitioner to represent his cause before the Basic Shiksha Adhikari within one month from today, who shall look into the matter and take a decision on the petitioner's representation by passing a speaking and reasoned order in accordance with law after affording opportunity of hearing to the parties, expeditiously say, within a period of two months from the date of production of certified copy of this order.  While adjudicating the controversy, the B.S.A. shall also call upon the Manager of Committee of Management of concerned school.  Since the petitioner is already retired, the respondents shall take decision with regard to payment of provisional pension and post retiral dues, which shall be subject to decision taken by the B.S.A. The decision so taken shall be communicated to the petitioner.

Subject to above, the writ petition stands disposed of.

Order Date :- 23.4.2012

Rizvi