Km. Vartika Tewari D/O-Sri Kamla ... vs State Of U.P. Thru. Secretary ...
2022 Latest Caselaw 9447 ALL

Citation : 2022 Latest Caselaw 9447 ALL
Judgement Date : 5 August, 2022

Allahabad High Court

Km. Vartika Tewari D/O-Sri Kamla ... vs State Of U.P. Thru. Secretary ... on 5 August, 2022

Bench: Irshad Ali




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 2040 of 2010
 

 
Petitioner :- Km. Vartika Tewari D/O-Sri Kamla Kant Tewari
 
Respondent :- State Of U.P. Thru. Secretary Deptt. Of Education And Ors
 
Counsel for Petitioner :- Abhinav N. Trivedi,Amrendra Nath Tripathi,Desh Ratna Sinha,Hari Om Gupta,Kiran Sinha,Shashi Rawat
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Irshad Ali,J.

1. Heard Sri Amrendra Nath Tripathi, learned counsel for the petitioner and learned ACSC for respondent - State.

2. The appointment of the petitioner was made in exercise of power under Section 16(E)(11) of U.P. Intermediate Education Act, 1921 on 25.06.2009 and in pursuance thereof, she joined in the institution on 01.07.2009.

3. When no salary was paid, she filed the present writ petition, wherein on 09.09.2010 an interim order was granted, whereby the order passed by the District Inspector of Schools was stayed and direction was issued for payment of salary to the petitioner and in pursuance thereof, the petitioner was paid salary till 27.02.2012 and since March, 2012, the petitioner has not been paid salary.

4. Once, there was an interim order to pay salary to the petitioner, there is no justification on the part of respondents in not paying salary till the decision of Hon'ble Supreme Court of India in the case of Sanjay Singh.

5. In view of above, this writ petition is finally disposed of with a direction to the petitioner to move a representation before the District Inspector of Schools ventilating her grievances for payment of salary w.e.f. March, 2012 by enclosing copy of interim order granted on 09.09.2010 and the judgment passed by Hon'ble Apex Court in the case of Sanjay Singh, which shall be considered and appropriate reasoned and speaking order shall be passed within a period of two months from the date of production of a certified copy of this order.

Order Date :- 5.8.2022

Adarsh K Singh