Hari Prasad Yadav vs State Of U.P. & Others
2012 Latest Caselaw 3795 ALL

Citation : 2012 Latest Caselaw 3795 ALL
Judgement Date : 28 August, 2012

Allahabad High Court

Hari Prasad Yadav vs State Of U.P. & Others on 28 August, 2012

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 42604 of 2012
 

 
Petitioner :- Hari Prasad Yadav
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- R.K. Ojha,Gaurav Kumar Chand
 
Respondent Counsel :- C.S.C.,Shyam Krishna Gupta
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 2. Sri Shyam Krishna Gupta, Advocate has entered appearance on behalf of respondent Nos. 3 and 4. Issue notice to respondent No.5.

Each one of the respondents is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter.

It has been contended on behalf of the petitioner that his initial appointment in the institution concerned as made as Head Master on 01.07.1976, and after promulgation of 1978 Rules, the appointment of the petitioner and similarly situated incumbents stood regularized by the respective District Basic Education Officers. In view of this, the petitioner submits that letter of approval had been given to him rectifying the earlier selections. Petitioner submits that after completion of 10 years service, he was accorded selection grade and further after completion of 18 years' service he was accorded promotional pay scale. Petitioner submits that said benefit had rightly been accorded to him, but vide order dated 20.06.2012 unnecessarily said benefits have been rescinded and further the period starting with effect from 01.03.2009 to 09.03.2009 has been treated as interruption in service. Petitioner submits that such action is not at all subscribed by law.

Prima facie the argument advanced on behalf of the petitioner appears to have some substance and the same requires consideration by this Court, as such till the next date of listing, operation of order dated 20.06.2012 in so far as it rescinds the selection grade and promotional pay scale accorded to the petitioner, is directed to be kept in abeyance, and no recovery shall be made from his salary.

Order Date :- 28.8.2012

SRY