Allahabad High Court
John Subodh Shukla vs State Of U P And 4 Others on 21 February, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - A No. - 2776 of 2023
Petitioner :- John Subodh Shukla
Respondent :- State Of U P And 4 Others
Counsel for Petitioner :- J.P. Singh
Counsel for Respondent :- C.S.C.
Hon'ble Prakash Padia,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondent no.1 to 4.
The petitioner has preferred the present writ petition inter-alia with the following prayer:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Azamgarh to examine Petitioner's claim for payment of salary in Principal's grade in the light of the Division Bench judgments of this Court passed in the cases of Dhaneshwar Singh Chauhan Vs. District Inspector of Schools, Badaun (reported in 1980 UPLBEC Pg. 286); Narbdeshwar Mishra Vs. District Inspector of Schools, Deoria (reported in 1982 UPLBEC Pg. 171), Soloman Morar Jhan Vs. District Inspector of Schools. Deoria (reported in 1985 UPLBEC Pg. 113). Full Bench judgment in the case of Dr. Jai Prakash Narayan Singh [reported in 2014 (8) ADJ 617 (FB)], Smt. Asha Rai Vs. State of U.P. and Others (reported in 2020 (11) ADJ 292) and recent judgment and order dated 09-11-2022 passed in Writ - A No. 26598 of 2018 (Mohd. Shahedeen Vs. State of U.P. and 3 Others); within the time to be specified by the Hon'ble Court;
(ii) to issue a writ, order or direction in the nature of mandamus commanding the Respondent Nos. 3 and 4 to ensure that Petitioner is paid salary/arrears of salary in Principal's grade with effect from the date Petitioner's signatures were attested as officiating Principal of the College within the time to be specified by the Hon'ble Court:"
It is argued by learned counsel for the petitioner that since petitioner is working on the post of Officiating Principal since 2012, he is entitled for the salary on the post of Principal but wholly illegally same has not been paid to the petitioner. He also placed reliance upon judgement and order passed by this Court in the case of Smt. Asha Rai Vs. State of U.P. and others reported in 2020 (11) ADJ 292. It is further argued that in this regard representations has already been submitted by the petitioner before the respondent no.3 namely District Inspector of Schools, Azamgarh on 20.08.2022 but till date no decision has been taken on the same hence present writ petition.
On the other hand it is argued by learned Standing Counsel that respondent no.3 will decide the same expeditiously.
Heard learned counsel for the parties.
With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
In the facts and circumstances, petitioner is permitted to submit a fresh representation ventilating all his grievances before the respondent no.3 along-with certified copy of this order within a period of three weeks from today. If such a representation is made, the respondent no.3 is directed to pass appropriate order in accordance with law within a further period of two months.
With the aforesaid observations, present writ petition is disposed of finally.
Order Date :- 21.2.2023
Pramod Tripathi
