Allahabad High Court
Syed Bilal Husain vs State Of U.P. And 4 Others on 17 July, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:141128
Court No. - 35
Case :- WRIT - A No. - 11199 of 2023
Petitioner :- Syed Bilal Husain
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Siddharth Khare
Counsel for Respondent :- C.S.C.
Hon'ble Vikas Budhwar,J.
Heard Sri Siddharth Khare learned Senior Counsel for the writ petitioner and Sri Saurabh learned Standing Counsel who appears for respondents No. 1 to 4.
In view of the order which is being proposed to be passed, notice is not being issued to the fifth respondent.
The case of the writ petitioner is that he after obtaining the academic qualification of B.Sc, M.Sc and B.Ed obtained appointment in the fifth respondent institution on 05.09.2013 and was accorded joining on 07.09.2013 as an Assistant Teacher pursuant to the approval dated 03.09.2013. It is the further case of the writ petitioner that he was being disbursed salary till February, 2014, however, the candidate at serial No. 2 challenged the appointment of the writ petitioner by filing Writ Petition No. 67797 of 2013 (Rao Mohammad Arif Vs. State of U.P.) which came to be disposed of with a direction to the third respondent, Joint Director of Education Shahanpur Region, Shaharanpur to accord consideration to his claim. It is further the case of the writ petitioner that on 05.04.2014 the candidature of the writ petitioner was rejected on the ground that he obtained two degrees at the same point of time. This again was put to challenge in Writ A No. 22476 of 2014 which came to be allowed by this Court on 27.01.2023 directing the respondent wherein to permit the petitioner to join the service against which one Rao Mohammad Arif preferred Special Appeal No. 124 of 2023 which eventually came to be rejected on 21.03.2023 with a clarification that the writ petitioner herein shall not claim any benefit of the BUMS Degree awarded by CSJN University for the academic year 2006-2011. Learned counsel for the writ petitioner has further argued that on the strength of the averments contained in para 24 so as to contend that even in fact from Annexure 11 at page 103 of the paper book the salary of the writ petitioner has been paid from the dated 13.02.2023 not from the date of the initial appointment and the persons who are sailing on the same boat are getting more salary than the writ petitioner.
Prayer in the petition is for a direction to the respondents to sanction the arrears of salary of the writ petitioner from 01.03.2014 till 13.02.2023 and to correct the date of the appointment of the writ petitioner in the service book from 13.02.2023 to 07.09.2013. Another prayer has been made for revision of the current salary as per its entitlement and its existence as on date.
Sri Saurabh learned Standing Counsel, on the other hand, submits that though it is the case of the writ petitioner that his appointment was put to naught by virtue of an order passed by the respondent authorities on the complaint of a third person but since the writ petition preferred by the writ petitioner has been allowed and special appeal has also been dismissed so that partakes a situation whereby the writ petitioner was restrained to perform the duties till his joining for payment of salary and grant of benefit for initial appointment are to be given consideration by Educational Authorities. Learned Standing Counsel further submits that these issues are to be determined at the level of the Joint Director of Education Saharanpur Region Saharanpur at first instance who shall accord consideration to the claim of the writ petitioner regarding the relief sought herein. It is the further submission of the learned Standing Counsel that they do not propose to file any response to the writ petition.
Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of granting liberty to the writ petitioner to represent his cause before the third respondent who shall accord consideration to the claim of the writ petitioner. The writ petitioner shall file along with the comprehensive representation the self attested copy of the writ petition and the third respondent shall accord consideration to claim looking into the aspect that the judgment in the intra-court appeal has attained finality or not. The said exercise shall be completed within a period of three months from the date of production of the certified copy of the order strictly in accordance with law. A conscious decision is to be taken regarding the revision the salary of the writ petitioner in the light of the fact that the earlier services are claimed by the writ petitioner as the period discharging the duties in question.
Order Date :- 17.7.2023/Rajesh
