Brajbala Sharma vs State Of U.P. And 5 Others
2021 Latest Caselaw 1481 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 727 of 2021
 

 
Petitioner :- Brajbala Sharma
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Pankaj Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Rajiv Joshi,J.

Heard learned counsel for the parties.

The grievance of the petitioner is that he has not been paid salary for the entire session for which he was to be there in service due to session benefit because of the alteration in session from 1st July, 2015 to 7th January, 2016.

The controversy regarding non continuance of the teachers who retired on 31st March in the relevant year came to be adjudicated by this Court in the case of Angad Yadav and 7 others v. State of U.P. and 4 others (Writ-A No. 33360 of 2017). The Court held that his non continuance is illegal and further set aside the Government order dated 2nd February, 2017 whereby it was provided that payment of salary shall be made only for the period as teacher he has worked for reinstated. The similarly placed teachers, according to the petitioner, in the same institution had earlier approached this Court and this Court remitted the matter to the 3rd respondent, namely, District Basic Education Officer, Meerut to be decided now in favour of those who holding him entitled to salary in the light of the judgment in the case of Angad Kumar (supra).

Learned Standing counsel for the respondents does not dispute the above factual and legal position.

In view of the above, the 3rd respondent is directed to decide the matter of the petitioner also regarding payment of salary for the period he has not been paid even though he was entitled for session benefits in the light of the judgment of Angad Kumar (supra). The decision shall be taken within a period of 6 weeks from the date of production of computerized copy of this order.

The writ petition stands disposed of with the aforesaid observations/ directions.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 22.1.2021

S.P.