Allahabad High Court
Ashok Kumar vs State Of U.P. And 4 Others on 11 July, 2022
Bench: Manish Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 37
Case :- WRIT - A No. - 19231 of 2021
Petitioner :- Ashok Kumar
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vimal Chandra Mishra
Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner and learned State Counsel for respondents 1 to 4. In view of order being passed, notices to respondent no.5 stand dispensed with.
Petition has been filed seeking direction to respondents to release arrears of salary due to him for the period 29.05.2018 till 08.04.2021 or in the alternate to decide petitioner's representation.
Learned counsel for petitioner submits that petitioner was appointed on 06.01.2007 on the post of Peon on compassionate basis. Subsequently, his services were dismissed vide order dated 22.11.2018. Appeal filed against the said order before the Committee of Management was also rejected on 02.04.2019 whereafter petitioner filed appeal before the District Inspector of Schools which was allowed by means of order dated 07.02.2020 by the District Inspector of Schools sanctioning the period 09.10.2018 till 21.11.2018 as sanctioned leave. Further direction was also issued for payment of arrears of salary to the petitioner. When the said direction was not complied with, petitioner filed Writ - A No.11354 of 2020 which was disposed of vide order dated 09.12.2020 granting liberty to petitioner to file fresh application whereupon action was required to be taken in terms of Section 3(3) of U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The said order was appealed against in Special Appeal Defective No.133 of 2021 and disposed of vide order dated 19.02.2021 without interfering with judgment rendered by Hon'ble the Single Judge.
A short counter affidavit has been filed on behalf of respondents in which it has been stated that pursuant to passing of order dated 07.04.2021 by the District Inspector of Schools, the petitioner has been attached with another College and is being paid his salary with effect from 09.04.2021. It is further stated that vide letter dated 20.05.2022, bills for payment of arrears of salary to petitioner for the period 29.05.2018 till 08.04.2021 has been forwarded for administrative sanction to the Director, Secondary Education where it is still pending consideration.
Considering the aforesaid facts and averments made in the short counter affidavit, it is evident that recommendation for payment of arrears of salary for the aforesaid time period has already been made by the District Inspector of Schools to respondent no.2, i.e. Director of Secondary Education U.P. Prayagraj.
In view of aforesaid, the said respondent no.2 is directed to take action in accordance with the recommendations dated 20.05.2022 in accordance with law expeditiously within a period of six weeks from the date a copy of this order is produced.
With aforesaid observations and directions, the petition is finally disposed of.
Order Date :- 11.7.2022
kvg/-
