Allahabad High Court
Shyama Prasad vs District Inspector Of School Agra ... on 19 July, 2021
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 5
Case :- WRIT - A No. - 6980 of 2021
Petitioner :- Shyama Prasad
Respondent :- District Inspector Of School Agra And 5 Others
Counsel for Petitioner :- Virendra Singh,Dinesh Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner was appointed as Class IV employee in Kewalram Gurumukh Inter College, Agra. The services of the petitioner were terminated by the Principal of the Institution on 25.7.1985, against which the petitioner approached the Labour Court. The Labour Court passed an award in favour of the petitioner and directed for reinstatement of his services.
The respondent Institution challenged the award of Labour Court by filing Writ Petition No.25876 of 1998 in which initially, this Court stayed backwages. Ultimately, the writ petition was dismissed by order dated 28.11.2011. The State through DIOS preferred another writ petition being Writ Petition No.31373 of 2001 challenging the award dated 25.7.1998, which was also disposed of by this Court by judgment dated 14.5.2013 holding that the petitioner is entitled for the payment of salary from State exchequer.
Thereafter the petitioner joined his services and was paid salary. The salary of the petitioner was wrongly fixed. Therefore he filed a writ petition being Writ-A No.13723 of 2002 to fix his salary correctly. The said writ petition was disposed of by this Court by judgment dated 12.12.2014 permitting the petitioner to approach the respondent no.1 i.e. District Inspector of Schools, Agra along with his representation, who was to examine the claim of the petitioner with regard to fixation of salary in accordance with law.
Pursuant to the judgment of this Court dated 12.12.2014, the petitioner has submitted his representation and it appears that respondent no.1 found claim of petitioner to be correct and accordingly recalculated the salary of the petitioner. After recalculation, the petitioner was paid arrears, however, it was found that an amount of Rs.3,04,207/- is still to be paid to the petitioner. Thereafter, DIOS forwarded the paper of the petitioner which was countersigned by the Manager of the College and Principal of the College as well as Accounts Officer to respondent no. 3 - Director of Secondary Education, Arth Section Education Directorate, Allahabad for taking decision in respect of payment of arrears which is due to the petitioner. The Director of Secondary Education sought certain clarifications with respect to documents submitted by respondent no.1 with regard to payment to petitioner.
Respondent no.1 by letter dated 19.7.2018, copy whereof filed at Annexure No.7 to the writ petition has submitted clarification in the office of respondent no.3. Petitioner submits that more than three years have elapsed, but the respondent no. 3 has not given approval for release of the amount to the petitioner till date.
Learned Standing Counsel contends that the decision is to be taken by respondent no.3 therefore no useful purpose would be served in keeping the writ petition pending.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.3 - Director of Secondary Education Arth Section Education Directorate, Allahabad raising all his grievances along with a copy of this order within a period of two weeks from today. In case any such representation is filed by the petitioner, the respondent no.3, shall consider and decide the same by a reasoned and speaking order preferably within a period of two months thereafter.
The writ petition is disposed of subject to the observations made above.
Order Date :- 19.7.2021
Tamang
