Smt. Kalpana Shrivastava And 3 ... vs State Of U.P. And Another
2023 Latest Caselaw 13565 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - A No. - 7563 of 2023
 

 
Petitioner :- Smt. Kalpana Shrivastava And 3 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Varad Nath,Hariom Kamal Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Saurabh Srivastava,J.

Heard Sri Varad Nath, learned counsel for the petitioners and learned Standing counsel appearing on behalf of the respondent no. 1 and 2.

1. Present petition has been filed for the following reliefs:

"I. Issue a writ, order, or direction in the nature of mandamus directing the respondents to consider and decide the representation dated 13.01.2023 with respect to the claim of consequential benefits, submitted by the petitioners;"

2. It is the case of the petitioners that initially they have been appointed over the post of Assistant Teacher and under the scheme formulated by the State Government for appointing the Assistant Teacher over the post of Project Officer/Assistant Project Officer, under the extension of the benefit and after considering the entitlement of the petitioner over the said post mentioned under the scheme the petitioners were appointed over the post of Project Officer way back in the year 1989. But the scheme has been ceased in the year 2001 which arises cause of action in favour of the petitioner to challenge the same. After exercising the rights conferred upon the petitioners in shape of several litigations which has been ultimately decided vide judgment dated 13.05.2014 passed in Writ A No. 61522 of 2012 (Smt. Meena Manral and others Vs. State of U.P. and others).

3. The claim of the petitioners for granting of status of Assistant Teacher in LT Grade has been negated by Division Bench of this Hon'ble Court and so far as regarding the consideration of the issues for grant of equivalent status to the petitioners as ordered by this Court in its judgment dated 05.04.2002 by considering all the relevant aspects of the matter including the recommendation dated 23.06.2010 against existing post or any other equivalent post the liberty was given to the responding authorities to decide the same.

4. At the same time the Division Bench while deciding the matter vide judgment dated 13.05.2014 also directed the State Government to take a decision in this regard within a period of three months from the date of production of certified copy of this order before it and in the event, the claim of the petitioner is accepted then all "consequential benefits flowing therefrom" shall also be granted to them.

5. In the strict compliance of the order and direction passed in judgment dated 13.05.2014 the responding authorities considered the claim of the petitioner by way of posting the petitioner on their respective post of Project Officer vide order dated 23.08.2017 with effect from 29.06.2015.

6. The instant petition has been preferred for seeking benefit of the direction issued by the Division Bench of this Court while deciding the Writ A No. 61522 of 2012 wherein it has been specifically mentioned that if the claim of the petitioners is accepted then all the consequential benefit flowing therefrom shall also be granted to them.

7. Under the interpretation as drawn by the petitioners regarding the word 'therefrom' they preferred a representation dated 13.01.2023 for seeking arrears of salary over the post of Project Officer in continuation to the proposal dated 23.06.2010 and the same is still pending to be adjudicated by the respondent no. 2.

8. Be that as it may, without interfering into the merits of the matter, if there is no other legal impediment available with the respondents, the respondent no. 2 (The Director, Basic Education, Nishatganj, Lucknow, U.P.) is hereby directed to decide the claim of the petitioners as set out through the representation dated 13.01.2023 as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order before the authority concerned.

9. Writ petition stands disposed of accordingly.

Order Date :- 1.5.2023

Shaswat