Arvind Singh S/O Sri Mangla Prasad ... vs State Of U.P.Through Secretary ...
2021 Latest Caselaw 8789 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- SERVICE SINGLE No. - 4740 of 2009
 
Petitioner :- Arvind Singh S/O Sri Mangla Prasad Singh
 
Respondent :- State Of U.P.Through Secretary Secondary Education & Others
 
Counsel for Petitioner :- H.G.S.Parihar,Meenakshi Singh Parihar,Shashank Shekhar Parihar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Ms. Meenakshi Singh Parishar, learned counsel for the petitioner and Sri Pankaj Kumar Srivastava, learned Additional Chief Standing counsel appearing for the State-respondents.

The present petition has been filed praying for a Mandamus commanding the respondents to make payment of salary to the petitioner on the post of Assistant Teacher, L.T. Grade regularly each and every month.

This Court vide order dated 30.08.2010 had passed an interim order providing that in case the petitioner is working he is entitled for the payment of salary by the respondents.

Sri H.G.S. Parihar, learned Senior Advocate submits that in pursuance to the order of this Court dated 30.08.2010, the petitioner is getting regular salary every month. He also points out that this Court has today decided Writ Petition No. 13361 (SS) of 2021 filed by the petitioner seeking the benefit of the judgment of this Court in the case of Arun Kumar Mishra Vs. District Inspector of Schools passed in Writ Petition No. 3451 (SS) of 1995 decided on 28.07.2017. He prays that as the said writ petition has been disposed of which pertained to consideration for regularization under the provisions of Section 33 (C)/ 33 (G) of the Uttar Pradesh Secondary Education Service and Selection Board Act, 1982 (hereinafter referred to as Act, 1982), as such till such time, the said consideration is done, the petitioner be paid salary. To the said proposition, Sri Pankaj Kumar Srivastava, learned Additional Chief Standing counsel has no objection.

Accordingly, as the Court has proceeded to dispose of the Writ Petition No. 13361 (SS) of 2021 filed by the petitioner, the present petition is also disposed of requiring the respondents to continue payment of salary to the petitioner in terms of interim order of this Court dated 30.08.2010 till such time, a final decision is taken by the respondents in pursuance to the directions issued by this Court in Writ Petition No. 13361 (SS) of 2021.

Order Date :- 27.7.2021

Pachhere/-