Allahabad High Court
Sabiri Begum vs State Of U.P. Thru Prin.Secy. ... on 7 March, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 5340 of 2019
Petitioner :- Sabiri Begum
Respondent :- State Of U.P. Thru Prin.Secy. Secondary Edu. Lucknow & Ors.
Counsel for Petitioner :- Sachin Shukla,Meena Verma
Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
Heard Ms. Meena Verma, learned counsel for the petitioner and Dr. Udai Veer Singh, learned Additional Chief Standing Counsel for the State-respondents.
By means of this writ petition, the petitioner has prayed that the District Inspector of Schools, Lucknow be directed to pay arrears of pay fixation and group insurance along with interest @ 18% on the delayed payment to the petitioner.
The submission of learned counsel for the petitioner is that the husband of the petitioner was appointed on the post of Assistant Teacher in Rajkiya Uttar Pradesh Sainik Inter College, Sarojininagar, Lucknow and after completing the requisite services and attaining the age of superannuation the petitioner's husband retired on 30.06.2011.
Since the pay scale for which the husband of the petitioner was duly entitled was not paid to him, he has filed writ petition bearing Writ Petition No.453 (S/S) of 2011; Mukhtar Ahmad vs. State of U.P. & others, claiming the said pay scale. The said writ petition was decided finally vide judgment and order dated 28.01.2011 in terms of judgment and order dated 30.03.2009 passed in Writ Petition No.10665 (S/S) of 2006 and the Writ Petition No.13347 (S/S) of 2006. By means of the aforesaid orders passed in the aforesaid writ petitions, the identically placed persons have been provided the benefit for which those writ petitions were filed.
When no suitable compliance was made by the Competent Authority, the husband of the petitioner filed the contempt petition bearing Contempt No.490 of 2012. The said contempt petition was dismissed vide order dated 25.09.2013, a copy whereof has been annexed as Annexure No.5 to the writ petition, for the reason that the learned counsel for the opposite parties had apprised the Court that pay fixation of the husband of the petitioner has been done and the same has been allowed to him. Not only the above, learned counsel for the opposite parties had given undertaking before the Court that the amount payable to the husband of the petitioner shall be released within a period of three months, if already not released. On the basis of the aforesaid undertakings, the contempt petition was dismissed.
The submission of learned counsel for the petitioner is that despite the aforesaid undertakings being given before the Contempt Court on 25.09.2013, the husband of the petitioner was not paid his admissible dues i.e. the arrears of pay fixation and other consequential benefits, therefore, by means of this writ petition the petitioner has prayed for payment of not only the arrears of the aforesaid benefits but also the interest thereof.
The bare perusal of the pleadings of this writ petition as well as order dated 25.09.2013 passed by this Court in Contempt Case No.490 of 2012, reveals that the petitioner, who is widow of Sri Mukhtar Ahmad, is entitled for the prayer she prayed in the writ petition.
Therefore, learned Additional Chief Standing Counsel is directed to seek complete instructions in the matter from the office of the District Inspector of Schools, Lucknow by the next date of listing and if the complete instructions are not received by the next date of listing, the District Inspector of Schools, Lucknow shall appear in person before this Court along with record to assist the Court.
List this petition on 14.03.2019 as fresh.
Order Date :- 7.3.2019
Suresh/
[Rajesh Singh Chauhan,J.]
