Allahabad High Court
Sanjeeva Kumar Singh vs State Of U.P. Thru Addl. Chief ... on 13 May, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
(C.M. Application No.53478 of 2019)
In Re:-
Case :- SERVICE SINGLE No. - 30782 of 2018
Petitioner :- Sanjeeva Kumar Singh
Respondent :- State Of U.P. Thru Addl. Chief Secy.Basic Lko. & Ors.
Counsel for Petitioner :- Sm Singh Royekwar,Sumeet Tahilramani
Counsel for Respondent :- C.S.C.,Ajay Kumar
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Sumeet Tahilramani, Advocate holding brief of Sri S.M. Singh Royekwar, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
By means of this application, the petitioner has prayed for direction for payment of salary. The copy of the aforesaid application has duly been provided in the office of the learned Chief Standing Counsel on 25.04.2019. However, learned Additional Chief Standing Counsel has submitted that in his paper-book the copy of the aforesaid application is not available, therefore, he has got no instructions about the contents of this application.
By means of para-5 of the aforesaid application, the petitioner has submitted on oath that the copy of the interim order dated 17.11.2018 was served upon the opposite party No.2 by hand on 27.11.2018. Further, by means of para-6 of the affidavit, which has been filed in support of the aforesaid application, it has been categorically indicated that compliance of order dated 17.11.2018 has been made by the opposite parties on 28.02.2019 i.e. almost after about three months for no cogent reasons to that effect. As per para-6, the petitioner has further submitted that despite the reinstatement order dated 28.02.2019, no order for posting of the petitioner has been issued. Despite the fact that the order dated 28.02.2019 itself provides that the order for posting of the petitioner shall be issued separately.
By means of para-7 of the affidavit, the petitioner further submitted that till date no salary ahs been paid to the petitioner and only some lump sump amount of subsistence allowance has been paid to him.
Keeping in view the aforesaid submission of learned counsel for the petitioner, this Court is unable to comprehend as to why the Competent opposite party took three months period in making compliance of order dated 17.11.2018. Further, as to why the posting order of the petitioner has yet not been issued with effect from 28.02.2019, as almost two and half months period have passed. Further, as to why the petitioner has not been paid salary till date despite the petitioner has been reinstated in service on 28.02.2019.
Since the copy of the aforesaid application is not available in the paper-book of the learned Additional Chief Standing Counsel, therefore, a week's time is granted to the learned Additional Chief Standing Counsel to seek complete instructions in the matter.
List this petition on 20.05.2019, at 2:15 p.M.
Learned counsel for the petitioner has however informed that posting order of the petitioner has been issued on 10.05.2019, therefore, the learned Additional Chief Standing Counsel shall apprise the Court as to why the posting order has been passed after more than two months with effect from the order of reinstatement dated28.02.2019.
Order Date :- 13.5.2019
Suresh/
[Rajesh Singh Chauhan,J.]
