Single judge disposed of a writ petition seeking direction to pay arrears of salary. The court directed the State Cabinet to decide the merit within six weeks, noting no opinion was formed on the merits.
Directed respondent No.2 to take appropriate decision within six weeks; refusal of further adjournment.
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Court No. - 7
Case :- WRIT - A No. - 12479 of 2018
Petitioner :- Vashisth Dubay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ram Raj Prajapati,Ashok Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Heard learned counsel for the petitioner and Shri J.S. Tomar, learned Standing Counsel for the State-respondents.
On 23.05.2018, this court passed the following order:
"Grievance of the petitioner is that though his claim has been accepted and forwarded to the Finance Controller (Secondary), U.P. Allahabad on 27.3.2018, but no consequential action has been taken, and the amount due and payable to petitioner has not been released so far.
Learned Standing Counsel may obtain instructions in the matter from respondent nos.2 and 3.
Post as fresh on 30.5.2018."
On 30.05.2018, the learned Standing Counsel sought further time to obtain instructions. The time was granted and case was directed to be put up on 08.07.2018. Today again, learned standing Counsel prays for time to obtain instruction. The prayer is rejected for simple reason that sufficient time has been granted to the Standing Counsel but instructions could not be received so far.
This writ petition has been filed praying for the following relief:
"(a) Issue an appropriate writ, order or direction in the nature of mandamus commanding the respondents to act upon the order of the District Inspector of Schools, Ghazipur dated 31.05.2017 and to pay the arrears of salary of the petitioner for the period from December 1990 to May 1995 within a time frame which this Hon'ble court deems fit and proper.
(b) Issue any other suitable writ, order or direction as this Hon'ble court may deem fit and proper in the facts and circumstances of the case."
In view of the aforesaid this writ petition is disposed of with a direction to the respondent No.2 to take appropriate decision strictly in accordance with law in the matter of the petitioner within six weeks from the date of presentation of a certified copy of this order.
It is made clear that this Court has not expressed any opinion on the merits of the claim of the petitioner.
Order Date :- 9.7.2018 NLY
1 issue framed by the court
Whether the State Cabinet will decide on the petitioner's claim for arrears of salary within the stipulated time.
Vashisth Dubay
State Of U.P.
Respondent No.2
Respondent No.3
Surya Prakash Kesarwani
As recorded by the court registry
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