Allahabad High Court
Rajmani And Another vs State Of U.P. And 2 Others on 15 July, 2021
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - A No. - 7357 of 2021
Petitioner :- Rajmani And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Anil Kumar Mishra,Om Prakash Pathak
Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the parties.
The grievance of the petitioners is that he has not been paid salary for the period 1st July, 2015 to 31st October, 2015 alongwith other benefits payable upto 31.03.2016 due to alteration in session.
Learned counsel for the petitioners submits that earlier the petitioners have approached this Court by preferring Writ A no.18080/2017 (Rajmani Patel and another vs. State of U.P. and others) and this Court by order dated 27.04.2017 disposed of the said writ petition asking the District Basic Education Officer to consider the claim of petitioners and pass appropriate orders in accordance with law within stipulated period. Pursuant thereto, the payment has been ensured to the petitioners except for the period 01.07.2015 to 31.10.2015. In support of his submission, he has placed reliance on the judgement passed 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), wherein, the Court held that his non continuance is illegal and further set aside the Government order dated 2nd February, 2017. In this backdrop, he submits that the case of the petitioners is squarely covered with the order passed in Angad Yadav (supra) and the claim of the petitioners is to be seen and addressed in the light of observations made in Angad Yadav (supra).
Sri Arun Kumar, learned counsel for the respondents does not dispute the above factual and legal position.
In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration.
Without adverting on the merits of the case, on consent, the writ petition is disposed of asking the respondent/competent authority to look into the grievance of the petitioners regarding payment of salary for the period he has not been paid in the light of the judgment of Angad Kumar (supra). The decision shall be taken within 6 weeks from the date of production of certified copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
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 make a declaration of such verification in writing.
Order Date :- 15.7.2021
A. Pandey
