Vinay Kumar & Others vs Nagar Pandhayat Jhunsi Alld. & ...
2012 Latest Caselaw 4762 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 40353 of 1999
 

 
Petitioner :- Vinay Kumar & Others
 
Respondent :- Nagar Pandhayat Jhunsi Alld. & Others
 
Petitioner Counsel :- Aditya Swaroop Srivastava,Abhishek Kumar Srivastava,C.P. Yadav,J.K.Yadav,Traun Kumar Srivastava,Vijay Gopal
 
Respondent Counsel :- C.S.C.,A.K.Trivedi
 

 
Hon'ble Rajes Kumar,J.

Heard Sri Vijay Gopal and Sri Abhishek Srivastava, learned counsel for the petitioners and Sri A.K. Trivedi, learned counsel for respondent no.1.

For the various posts in the office of Nagar Panchayat, Jhunsi, an advertisement was made on 20.12.1997. All the petitioners have been interviewed by the Selection Committee and thereafter by the appointment letter dated 1.2.1998 they have appointed. The appointment letters are Annexures 1 to 8 of the writ petition. The appointments were temporary. It is the case of the petitioners that they have worked for 15 months but they have not been paid salary.

Learned counsel for the petitioners submitted that this writ petition has been filed for a direction to the respondents to pay salary. He submitted that when the salary has not been paid, the petitioners have been compelled to stop working thereafter. However, they are entitled for the salary for the period during which they have worked inasmuch as the appointments were made in accordance to law. Learned counsel for the petitioners submitted that petitioner nos. 5 and 8 have died and, therefore, their heirs are entitled for the salary for the said period.

In the counter affidavit, filed by respondent no. 1, the appointments of the petitioners have not been disputed. It has only been said that the fund has been sought from the Director of the Local Body and since the fund has not been received therefore, the payment has not been made.

The claim of the respondents for non payment of salary is not acceptable. The respondent no. 1 is allowed 15 days time to make payment of salary of 15 months to the petitioners by the account payee cheque.

List on 18.10.2012 for further hearing.

Order Date :- 3.10.2012

OP