Deepak Kumar vs State Of U.P. And 2 Others
2023 Latest Caselaw 18590 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:146260
 
Court No. - 36
 

 
Case :- WRIT - A No. - 9185 of 2023
 

 
Petitioner :- Deepak Kumar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Aniruddh Kumar,Pankaj Singh
 
Counsel for Respondent :- C.S.C.,Bipin Bihari Pandey
 

 
Hon'ble Manjive Shukla,J.

1. Heard learned counsel appearing for the petitioner, learned Standing Counsel appearing for Respondent No. 1 as well as Sri Bipin Bihari Pandey learned counsel appearing for Respondents No. 2 and 3.

2. Learned counsel for the petitioner has submitted that while working on the post of Assistant Teacher in the Primary School, petitioner was implicated in a criminal case and on the basis of the said criminal case, his services were placed under suspension.

3. Later on, when petitioner was released on bail, his suspension was revoked and he was reinstated in service. Learned counsel for the petitioner has submitted that since the date of his reinstatement, he is continuously working on the post of Assistant Teacher. Later on, petitioner has been acquitted from the charges in the aforesaid criminal case vide judgment and order dated 21.2.2022.

4. After acquittal, petitioner has submitted a representation on 24.3.2022 to the District Basic Education Officer, Ghazipur and thereby request has been made for payment of arrears of salary pertaining to period mentioned in the representation.

5. Learned counsel appearing for the petitioner has argued that once the petitioner has been acquitted in criminal trial then he is entitled for arrears of salary for the period during which he was under suspension.

6. Learned counsel appearing for the Respondents No. 2 & 3 has very fairly submitted that the ends ofjustice would be served if a direction is issued by this Court for expeditious disposal of the pending representation of the petitioner dated 24.3.2022.

7. In view of the aforesaid reasons, this Writ Petition is finally disposed of with a direction to the District Basic Education Officer, Ghazipur to consider and decide the pending application of the petitioner dated 24.3.2022, within a period of two months from the date of presentation of certified copy of this order.

Order Date :- 21.7.2023

n.u.