State Of U.P. Through ... vs Ashwani Kumar Awasthi And 3 Others
2021 Latest Caselaw 1660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- SPECIAL APPEAL No. - 11 of 2021
 
Appellant :- State Of U.P. Through Secretary,Basic Education And 3 Others
 
Respondent :- Ashwani Kumar Awasthi And 3 Others
 
Counsel for Appellant :- Anand Kumar Ray
 
Counsel for Respondent :- Rahul Mishra
 

 
Hon'ble Munishwar Nath Bhandari,J.

Hon'ble Rohit Ranjan Agarwal,J.

By this appeal a challenge is made to the impugned order dated 03.02.2020 passed by the learned Single Judge on a writ petition preferred by the non-appellant with the following prayers;

"(a) Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 18.05.2016 passed by respondent no. 1 and office order/corrigendum dated 14.05.2015 also be quashed.

(b) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 make immediate payment of remaining stipend amount as mentioned in the Government Order dated 14.01.2004 in Para 3 (12) till his appointment as Assistant Teacher with interest 18%.

(c) Issue any other writ, order or direction in the nature of which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(d) Award the cost of the petition to the petitioners."

The writ petition has been decided in reference to the earlier litigation and the Government Order dated 14.01.2004, without addressing the issue raised in reference to the subsequent government order/corrigendum dated 14.05.2015. By the aforesaid order, a modification was made in regard to the benefit of stipend. It was made limited to the period of training after entering into Special B.T.C. course.

The issue in reference to the government order/corrigendum dated 14.05.2015 has not been addressed effectively by any of the Court, though, a review petition preferred by the State Government before the Apex Court has been dismissed but the judgment aforesaid does not propound a ratio.

Taking into consideration aforesaid and as prayed by learned counsel for the parties, the impugned order dated 03.02.2020 passed by the learned Single Judge is set-aside with remand of the case to the learned Single Judge to be decided afresh in reference to all the prayers made by the petitioners in writ petition.

Appeal is allowed with the direction given above.

Order Date :- 27.1.2021

Shekhar