Ram Sirohan Singh vs State Of U.P. And Others
2012 Latest Caselaw 4571 ALL

Citation : 2012 Latest Caselaw 4571 ALL
Judgement Date : 27 September, 2012

Allahabad High Court

Ram Sirohan Singh vs State Of U.P. And Others on 27 September, 2012

Bench: V.K. Shukla




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 30
 

 
Case :- WRIT - A No. - 50087 of 2012
 

 
Petitioner :- Ram Sirohan Singh
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- S.K. Mishra
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondent Nos. 1, 2, 3 and 4. Issue notice to respondent Nos. 5 and 6.

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 under the orders of the Deputy Director of Education his claim has been accepted on 29.03.1997 and since 10.04.1997, petitioner has been getting regular salary along with other teaching and non-teaching staff from the State Fund. Thereafter one Sant Lal Yadav filed writ petition No. 14314 of 1997 before this Court questioning the validity of the aforesaid order. Said writ petition is said to be pending without any interim order. Petitioner has stated that on 10.05.2012, the District Inspector of Schools, Jaunpur has passed order stopping the salary of the petitioner on the ground of pendency of the said writ petition and in order to avoid the situation of double payment in the event of said writ petition being allowed, and further holding that until decision of writ petition No.14314 of 1997 no salary shall be paid to the petitioner. Petitioner submits that after 15 years passing of such an order cannot be subscribed, and apart from him other incumbents are being paid salary, and the fact of the matter is that Sant Lal is not at all functioning, consequently, question of dpuble payment would not arise.

Prima facie the argument advanced has some substance and same requires consideration by this Court. Consequently, till the next date of listing operation of the impugned order dated 10.05.2012 is directed to be kept in abeyance.

Order Date :- 27.9.2012

SRY