Chhedi Ram Bhaskar vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 7162 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 8
 

 
Case :- SERVICE SINGLE No. - 13788 of 2021
 

 
Petitioner :- Chhedi Ram Bhaskar
 
Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education & Ors.
 
Counsel for Petitioner :- Ajay Pratap Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

Heard Shri Ajay Pratap Singh, learned counsel for the petitioner and Sri Alok Sharma, learned Additional Chief Standing Counsel for respondent-State.

The petitioner has filed the present writ petition on the following prayer :-

"(i) issue a writ, order or direction in nature of MANDAMUS commanding the Opposite Parties make payment of the arrears of salary to the petitioner after the re-fixation of the pay scale by the opposite party no. 5 i.e. Deputy Director of Education, 9th Region, Ayodhya as well as by the District Inspector of Schools, Bahraich expeditiously as early as possible.

(ii) issue a writ, order or direction in nature of MANDAMUS commanding the Opposite Parties to approve the bill of the arrears of the salary for the petitioner submitted by the Committee of management of the institution of petitioner viz. Achyutanand Suraj Lal Inter College, Bahraich on 17.3.2021 expeditiously as early as possible.

(iii) ..."

With the consent of learned counsel for the parties, I proceed to hear the matter finally.

Learned counsel for the petitioner submits that the controversy involved in the instant writ petition has already been decided by this court at Allahabad in Writ Petition No. 10665 of 2006 and another connected Writ Petition No. 13347 of 2006, decided on 30.03.2009, whereby this court at Allahabad while allowing both the writ petitions, set aside the impugned order and directed that petitioners must be paid the same pay-scale as is being paid to the teachers of schools. It was also provided that in accordance with the above authority of the Supreme Court, the pay-scale shall be granted to the petitioners since the date of filing of the earlier writ petition (i.e. W.P. No. 49384 of 2004) decided on 22.11.2004.

In view of above, with the consent of learned counsel for the parties, the writ petition is allowed in terms of the judgment and order dated 30.03.2009 passed in Writ Petition No. 10665 of 2006 and Writ Petition No. 13347 of 2006 and the benefit of the order and judgment dated 30.03.2009 shall also be extended to the petitioner of the instant writ petition.

No order is passed as to costs.

Order Date :- 6.7.2021

Gautam