Ahmad Husain vs State Of U.P. And 4 Others
2021 Latest Caselaw 8669 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 8241 of 2021
 

 
Petitioner :- Ahmad Husain
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Anurag Shukla
 
Counsel for Respondent :- C.S.C.,Krishna Kumar Chand
 

 
Hon'ble Ashwani Kumar Mishra,J.

Petitioner retired from the post of Headmaster in a senior basic school run by the Basic Education Department. The petitioner was entitled to sessions benefit between the period 01.07.2015 to 31.03.2016 in view of the change in the definition of academic sessions etc.

Controversy with regard to payment of salary for such period has already been adjudicated by this Court in Writ Petition No.33360 of 2017 (Angad Yadav and others vs. State of U.P. and others). Special Appeal No.505 of 2018 preferred against such judgment has also been dismissed and order of this Court has attained finality.

Grievance of the petitioner is with regard to denial of benefits in terms of such determination, including arrears of salary and grant of pensionary benefits, which is yet to be examined by the authorities. A period of more than five year has expired.

Sri K. K. Chand, counsel for the respondent nos.3 to 5 and learned Standing Counsel states that appropriate decision would be taken by the competent authority.

Once law has been settled by this Court in the case of Angad Yadav (supra), the respondents were expected to act in terms of such determination and grant necessary reliefs/benefits in terms thereof. Withholding of such benefits for unduly long cannot be approved of.

Writ petition is, accordingly, disposed of with the direction upon the respondent nos.4 and 5 to ensure that all benefits that are found due and payable in terms of the judgment in the case of Angad Yadav (supra) are determined and extended to the petitioner, within a period of four months from the date of presentation of a copy of this order.

Order Date :- 26.7.2021

Ashok Kr.