Allahabad High Court
Shiv Kailash vs State Of U.P. Thru. Secy. Basic ... on 20 July, 2021
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 7
Case :- SERVICE SINGLE No. - 15142 of 2021
Petitioner :- Shiv Kailash
Respondent :- State Of U.P. Thru. Secy. Basic Education & Ors.
Counsel for Petitioner :- Sandeep Chandra
Counsel for Respondent :- C.S.C.,Rahul Shukla
Hon'ble Rajesh Singh Chauhan,J.
Heard Sri Sandeep Chandra, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Sri Rahul Shukla, learned counsel appearing for the opposite party Nos.3 and 4.
By means of this writ petition, the petitioner has prayed for the following reliefs:-
"i. to issue writ, order or direction in the nature of certiorari to quash the condition mentioned in order dated 04.11.2008 (annexure No.-2 to writ petition) so far as it imposes payment of salary without increments, is concern.
ii. to issue writ, order or direction in the nature of mandamus commanding the opp. parties to consider & grant salary without deductions with due increments and also to pay salary in revised pay scale to the petitioner w.e.f. the date when opposites parties granted such benefit to other similarly situated Head Masters, and to grant all the consequential service benefits including to fix pension as per salary in revised scale without any deduction including increments, and to pay arrears of salary & pension to him within the period stipulated by this Hon'ble Court and also to make payment of salary for suspension period as well along with interest @ 18% pa.
iii. to issue writ, order or direction in the nature of mandamus commanding the opp. parties to pay salary to petitioner with all the due upto date increments in pay and to pay arrears of difference of salary w.e.f. 2007 alongwith interest @ 18% pa."
Learned counsel for petitioner submits that due to filing of a criminal case against the petitioner, he was suspended from service on 12.09.2007 but the said suspension order was revoked by means of order dated 04.11.2008 with stipulated condition that salary would continue to be paid to petitioner without any increments. It is submitted that subsequently petitioner was acquitted from the criminal case by means of judgment and order dated 24.09.2018, which has become final since to the best knowledge of petitioner no appeal has been filed against said order.
In view of the aforesaid acquittal, the petitioner gave a representation dated 29.01.2021 requesting the opposite parties for payment of increment, due promotion and promotional pay scale; the benefits which the petitioner claims to have accrued to him during the interim period. For the aforesaid grievances, the petitioner has already submitted subsequent reminders to the opposite parties but the said representation is still remain unresolved. Learned counsel for petitioner seeks liberty to file a fresh representation before the opposite party No.3.
Considering innocuous prayer being made by learned counsel for the petitioner and without entering into the merits of the case, the petitioner is granted liberty to file a fresh representation before opposite party No.3 i.e. District Basic Education Officer, Barabanki. In case such a representation is filed, the same shall be decided by a reasoned and speaking order within a period of six weeks from the date a certified/ computerized copy of this order along with a fresh representation is produced before the said authority and the decision thereof be intimated to the petitioner forthwith.
With the aforesaid observations and directions, the writ petition stands disposed of finally.
Order Date :- 20.7.2021
Suresh/
[Rajesh Singh Chauhan,J.]
