Savinay Pandey and Another v. State of U.P. and Others
Case brief
What is this about?
This court disposed of a writ petition seeking salary for interim employees of an aided college. Despite valid appointment approvals and working status, salaries were withheld for years due to administrative delays. The court directed the Joint Director of Education to investigate and resolve the salary controversy within three months.
What did the court decide?
The Joint Director of Education, Gorakhpur Region is directed to investigate the salary controversy and pass appropriate orders within three months.
What the court decided
1
Court No. - 18
Case :- WRIT - A No. - 55191 of 2010
Petitioner :- Savinay Pandey And Another Respondent :- State Of U.P. And Others Counsel for Petitioner :- Ramesh Rai,Amit Kumar Singh,Anil Kumar Tiwari,M.R. Khan,S. K. Pathak Counsel for Respondent :- C. S. C.
Hon'ble Prakash Padia,J.
- Heard Sri Amit Kumar Singh, learned counsel for the petitioners and learned Standing Counsel who has accepted notice on behalf of respondent nos. 1,2,3 and 4. Steps were duly taken by learned counsel for the petitioners to serve respondent nos. 5 and 6 on 25.5.2011 and thereafter notices were issued by the office fixing 13.7.2011, but till date no counter affidavit has been filed on behalf of respondent nos. 5 and 6. In the situation notices deemed to be served upon the aforesaid respondents.
- Counter and rejoinder affidavits have been exchanged between the contesting parties and with the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself.
- The case as set up by the petitioners in the writ petition is that the institution in question viz. Rashtriya Inter College, Kauria Mishra, Deoria is a recognized institution under the provisions of U.P. Intermediate Education Act, 1921. The institution in question is under grant-in -aid and all the teachers and employees are getting salary under the provisions of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other employees) Act,1971.
Issues for consideration
3 issues framed by the court
Whether employees appointed after prior approval but without subsequent salary payment are entitled to remuneration.
Whether the delay in salary disbursement despite clear approval orders justifies relief to the petitioners.
Whether the named respondent must investigate the controversy and pass appropriate orders regarding salary arrears.
Parties & counsel
- petitioner
Savinay Pandey
- petitioner
Another
- respondent
State Of U.P.
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- WRIA/55191/2010
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