Manoj Kumar Pandey vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 16417 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:36049
 
Court No. - 17
 

 
Case :- WRIT - A No. - 3823 of 2023
 

 
Petitioner :- Manoj Kumar Pandey
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Secondary Edu. Lko. And 4 Others
 
Counsel for Petitioner :- Girish Chandra Verma
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Bhatia,J.

1. The present petition has been filed by the petitioner challenging the order dated 25.02.2019 whereby the claim of the petitioner for payment of salary to the post of ad hoc Principal has been denied solely placing reliance on Rule 12:22 of the First Statute of the Sampurnanand Sanskrit University.

2. The neat contention of the Counsel for the petitioner is that the sole ground for placing reliance and denying the benefit based on Rule 12:22 of the First Statute which has been quashed by this Court vide judgment and order dated 29.05.2019, upheld in Special Appeal Defective No.15 of 2020 and duly affirmed by the Hon'ble Supreme Court.

3. Considering the fact that the sole foundation for denying the benefit is the reliance placed upon Rule 12:22 of the First Statute of the Sampurnanand Sanskrit University, the order does not have any legs to stand in view of the writ petition, the special appeal and SLP decided in favour of the petitioner therein. The impugned order is quashed.

4. The respondents are directed to ensure the payment of salary in terms of the directions given by this Court in the case of Dr. Bramhanand Shukla vs State of U.P and others (Service Bench No1590 of 2008), decided on 29.05.2019 forthwith.

Order Date :- 23.5.2023

akverma