Prince Shahi vs State Of U.P. And 4 Others
2019 Latest Caselaw 4206 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 4959 of 2019
 
Petitioner :- Prince Shahi
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Pravin Kumar,Vijit Saxena
 
Counsel for Respondent :- C.S.C.,Manu Singh
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Short counter affidavit filed today is taken on record.

It contended therein that the Principal of the institution did not present salary bills of the petitioner, who was appointed on the post of Clerk in the institution-in-question and on presentation of bill on 09.04.2019, the current salary for the month of March, 2019 has been released, after verification of records of appointment of the petitioner and his educational certificates. So far as the arrears due since the year 2016 are concerned, the same shall be paid as soon as budget is available.

In view of the stand taken by the respondent nos.3 & 5 in the short counter affidavit, this Court does not find any reason to keep the writ petition pending. However, at this stage, it is noteworthy that the petitioner claims to be working since 10.08.2016 without salary and at no point of time, he had approached this Court or the District Basic Education Officer for any inaction of the committee of management of the institution-in-question for non presentation of his salary bills.

The petitioner is, therefore, not entitled to any interest for the arrears of salary which remained unpaid since the year 2016. But, in any case, the District Basic Education Officer shall be required to verify the correctness of appointment of the petitioner to the post in question before releasing the arrears of salary.

Subject to the above observation, the present petition is disposed of.

Order Date :- 7.5.2019

Himanshu