Hardwari Lal vs State Of U.P. Thru. Prin. Secy. ...
2021 Latest Caselaw 6704 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- SERVICE SINGLE No. - 13006 of 2021
 

 
Petitioner :- Hardwari Lal
 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education & Ors.
 
Counsel for Petitioner :- Rajendra Prasad,Prasadi
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Rajeev Singh,J.

The Court convened through video conferencing.

Heard learned counsel for the petitioner and learned counsel for the opposite parties.

The present writ petition has been filed by the petitioner for the following main reliefs:-

"I. Issue a writ, order or direction in the nature of Mandamus commanding the respondent concerned to pay arrears of salary to the petitioner from 01.07.2015 to 26.09.2015 i.e. till formal rejoining within stipulated period, keeping in view of order dated 19.08.2017 passed by this Hon'ble Court in Writ-A No.33360 of 2017.

II. Issue a writ, order or direction in the nature of Mandamus commanding the respondent No.3 to consider the claim of petitioner with regard to payment of salary with effect from 01.07.2015 to 26.09.2015, ventilated in representation dated 17.03.2021 within stipulated period, contained as annexure No.-8 to the writ petition."

Learned counsel for the petitioner has submitted that the petitioner was allowed to work after his retirement on 31.03.2016 by the Respondent-Authorities, but the salary was not paid. He further submitted that by way of Government Order dated 02.05.2017 some restrain order was passed and it was adjudicated in Writ-A No.33360 of 2017, which was allowed on 19.08.2017 and the same was set aside, and it was held that similarly situated persons are entitled for salary from date of their retirement till the date of their rejoining.

Learned counsel for the opposite party nos.3 and 4 has admitted that special appeal was filed against the aforesaid order, which was dismissed and he has no objection, in case the benefits of the order dated 19.08.2017 passed in Writ A No.33360 of 2017, be given to the petitioner.

Considering the arguments of learned counsel for the petitioner as well as learned counsel for the respondent Nos. 3 and 4, the writ petition is disposed of in terms of the judgment and order dated 19.8.2017 passed in Writ A No. 33360 of 2017 and respondent Nos.3 and 4 are directed to pay the salary to the petitioner for the remaining period, in accordance with law.

The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person (s) (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.

The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

Order Date :- 28.6.2021

Amit/-