Suresh Prakash Sharma And 2 Ors. vs State Of U.P. Thru Addl.Chief ...
2021 Latest Caselaw 6499 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- SERVICE SINGLE No. - 29466 of 2019
 

 
Petitioner :- Suresh Prakash Sharma And 2 Ors.
 
Respondent :- State Of U.P. Thru Addl.Chief Secy. Basic Edu. Lko. & Ors.
 
Counsel for Petitioner :- Narendra Kumar
 
Counsel for Respondent :- C.S.C.,Ajay Kumar,Mohan Shukla
 

 
Hon'ble Manish Mathur,J.

Heard learned counsel for petitioners, learned State Counsel for opposite parties 1 and 2 and Mr. Shobhit Mohan Shukla, learned counsel for opposite parties 3 to 5.

The petition has been filed seeking the following main relief:-

i) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay salary to petitioners for the period 1.7.2015 to 31.3.2016 after adjusting the amount of pension for the said period along with all consequential benefits like increments and benefit of 7th Pay Commission while granting them the benefit of judgment and order dated 19.08.2017 passed in Writ A No.33360 of 2017.

Learned counsel for petitioners has submitted that petitioners are entitled for the salary of the period when they were not permitted to perform their duties, the salary of the said period having been denied on the ground of no-work no-pay as per the Government Order dated 02.05.2017. Learned counsel for petitioners has drawn attention to judgment and order dated 19.08.2017 passed in Writ A No.33360 of 2017 (Angad Yadav and others v. State of U.P. and others) whereby the Government Order dated 02.05.2017 has been quashed with a direction to competent authority to pas consequential orders.

Learned counsel appearing on behalf of opposite parties has admitted that the petitioners' case is covered by aforesaid judgment and order dated 19.08.2017 passed in Writ A No.33360 of 2017 (Angad Yadav and others v. State of U.P. and others).

In view of aforesaid, the petition is allowed in terms of judgment and order dated 19.08.2017 passed in Writ A No.33360 of 2017 (Angad Yadav and others v. State of U.P. and others). The petitioners are also entitled to salary which has not been paid to them pursuant to Government Order dated 02.05.2017. The same shall be paid within a period of three months from the date a copy of this order is served upon the concerned authority.

Order Date :- 21.6.2021

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