Ajay Kumar Pandey vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 27475 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:64641
 
Court No. - 7
 
Case :- WRIT - A No. - 6695 of 2023
 
Petitioner :- Ajay Kumar Pandey
 
Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Coopertive Lko. And 2 Others
 
Counsel for Petitioner :- I.M. Pandey Ist
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

1. Heard learned counsel for the petitioner and Sri Ran Vijay Singh, learned counsel appearing on behalf of the respondents no. 1 to 3.

2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

3. Instant writ petition has been filed praying a mandamus commanding the respondents to release the arrears of salary to the petitioner on the post of Senior Clerk (Collection) due since March, 2022 onwards.

4. The contention of learned counsel for the petitioner is that despite the petitioner working on the post of Senior Clerk (Collection), his arrears of salary has still not been paid despite the respondents having admitted the same as per the order, a copy of which has been filed as annexure 1 to the writ petition. The contention is that as per the aforesaid order, an amount of Rs. 10,64,192/- upto 28.07.2023 is due to the petitioner which has still not been paid. and hence the petition.

5. On the other, Sri Ran Vijay Singh, learned counsel appearing on behalf of the respondents on the basis of instructions argues that as the funds are not available consequently, the payment although admitted as due to the petitioner has not been paid.

6. Responding to that, learned counsel for the petitioner contends that this aspect of the matter has been considered by this Court in the case of Sushil Kumar Saraswat and 5 Ors Vs. State of U.P and Ors passed in Writ- A No. 3052 of 2022 decided on 03.02.2023.

7. Sri Ran Vijay Singh, Advocate also does not dispute that the matter in issue is covered by the aforesaid judgment in the case of Sushil Kumar Saraswat (supra).

8. Considering the aforesaid, the writ petition is disposed of. It is provided that the petitioner shall be entitled for the benefit of the judgment of this Court in the case of Sushil Kumar Saraswat (supra).

9. Let the respondents comply with the order within a period of six weeks from the date of receipt of a certified copy this order.

10. It is also provided that the payment of the monthly salary to the petitioner should also be paid in case there is no legal impediment.

Order Date :- 6.10.2023

Pachhere/-