Ramawati Devi vs State Of U.P. Thru. Prin. Secy. Basic ...
2024 Latest Caselaw 20264 ALL

Allahabad High Court

Ramawati Devi vs State Of U.P. Thru. Prin. Secy. Basic ... on 31 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:41998
 
Court No. - 20
 

 
Case :- WRIT - A No. - 4475 of 2024
 

 
Petitioner :- Ramawati Devi
 
Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Deptt. Lko. And 3 Others
 
Counsel for Petitioner :- Vinod Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Shree Prakash Singh,J.
 

Since, the instant matter is being decided at the admission stage, therefore, notice to opposite party no. 4 is hereby dispensed with.

Heard learned counsel for the petitioner, Sri Pradeep Kumar Singh,learned Additional Chief Standing Counsel for the State.

Instant writ petition has been filed seeking the following reliefs :-

"(i) Issue a writ order or direction in the nature of Mandamus directing the respondents to pay the salary along with arrears of salary to the petitioner since 28-01-1993 i.e. from the date of joining, under the Payment of Salary Act 1978 in view of the judgment and order dated 02-09-2014 passed in Civil Appeal No. 3989 of 2006 as petitioner was appointed in un-aided recognized primary [Junior Basic (Primary) Stage classes I to V] and Junior High School namely Jai Ram Janta Junior High School Ram Nagar Ambedkar Nagar which was included in the list of grant in aid to the recognized aided institution, in accordance with law, in the interest of justice.

(ii) Issue a writ order or direction in the nature of Mandamus directing the respondent no. 02 to consider and decide the representation dated 13.03.2024 for payment of salary and arrears along with appropriate interest contained as Annexure no.04 of writ petition.

(iii) Issue a writ, order or direction in any nature which this Hon'ble court may deem fit and proper under the circumstances.

(iv) Award the cost of the writ petition in favour of the Petitioner."

After some arguments, learned counsel appearing for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the opposite party no. 2 to consider and decide the representation of the petitioner dated 12-03-2024, within stipulated period of time, as may be fixed by this court.

Learned counsel appearing for the opposite parties has no objection to the contention aforesaid.

In view of the aforesaid and without entering into the merits of the case, the opposite party no. 2 is hereby directed to consider and decide the representation of the petitioner dated 12-03-2024, within period of six weeks from the date a certified copy of this order is produced before him.

With the aforesaid observations, the writ petition is disposed of.

Order Date :- 31.5.2024

AKS