Smt. Asha Devi And 4 Others vs State Of U.P. And 4 Others
2019 Latest Caselaw 1462 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 1718 of 2019
 

 
Petitioner :- Smt. Asha Devi And 4 Others
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Roshan Kumar Singh
 
Counsel for Respondent :- C.S.C.,Ajay Kumar Sharma
 

 
Hon'ble Prakash Padia,J.

The petitioners have preferred the present writ petition with the following prayers:-

"I. Issue a writ, order or direction in the nature of mandamus directing the respondent no.5 District Basic Education Officer, Gautam Budh Nagar to take immediate steps for payment of arrears of salary from 01.07.2015 to 30.11.2015.

II. Issue a writ, order or direction in the nature of mandamus considering the claim of petitioners."

Learned counsel for the petitioners contended that wholly illegally the salary for the period between 1.7.2015 upto 20.11.2015 was not paid to the petitioners due to change in session at the relevant time.

Learned counsel for the petitioners relied upon a judgement passed by this Court in Writ A No.33360 of 2017, (Angad Yadav and 7 others Vs. State of U.P. and 4 others) decided on 19.8.2017. Learned counsel for the petitioners further contended that in identical circumstances almost all the teachers and headmasters working in the Primary Schools and Junior High Schools were paid their salary for the period they were not allowed to function in the institution.

Earlier learned counsel for the respondents were directed to seek instructions in the matter. Today the instruction received by learned counsel for the respondents was placed before the Court, which is kept on record. It appears that the letter dated 28.2.2019 was written by the District Basic Education Officer, Gautam Budh Nagar to the Finance and Accounts Officer, Basic Education, Gautam Budh Nagar asking that how much amount is required for payment of the teachers who have already been superannuated from the services. This letter was written by District Basic Education Officer, Gautam Budh Nagar, on 28.2.2019.

It is unfortunate that in the entire State in respect of similar controversy payments were already made even in respect of District Gautam Budh Nagar but wholly illegally the said benefit was not provided to the petitioners.

In the facts and circumstances of the case, the respondent no.5/District Basic Education Officer, Gautam Budh Nagar, is directed to make payment of arrears of salary to the petitioners within a period of two weeks or to show cause by the next date fixed in the case.

Put up on 08.4.2019 in the additional cause list.

Order Date :- 25.3.2019

Pramod Tripathi