Allowed

Shyama Singh v. State of U.P. Thru. Prin. Secy. Basic Education Civil Sectt. Lko. and Others

Allahabad HC14 Dec 2022/286/2022

Case brief

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What is this about?

Special appeal filed for payment of honorarium for work done as Shiksha Mitra. Supreme Court condoned delay and disposed of appeal directing High Court to consider appellant's claim for honorarium within 15 days.

What did the court decide?

Direction to Basic Shiksha Adhikari to consider appellant's claim for honorarium within 15 days and pay dues within eight weeks of application.

Shyama Singh Vs State of U.P. Thru. Prin… — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 2

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Case :- SPECIAL APPEAL DEFECTIVE No. - 286 of 2022

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Appellant :- Shyama Singh Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Civil Sectt. Lko. And Others Counsel for Appellant :- Katyayan Mishra Counsel for Respondent :- C.S.C.,Dilip Kumar Pandey,Sandeep Kumar Yadav

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Hon'ble Devendra Kumar Upadhyaya,J. Hon'ble Saurabh Srivastava,J.

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(Order on C.M. Application No.01 of 2022- Application for condonation of delay)

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Having regard to the contents of the affidavit filed in support of the application seeking condonation of delay, we are satisfied that delay has sufficiently been explained.

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Accordingly application is allowed and the delay in filing this Special Appeal is hereby condoned.

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(Order on memo of appeal)

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Heard learned counsel for appellant, learned State Counsel for the State-respondents and Sri Sandeep Kumar Yadav, learned counsel representing the Basic Shiksha Adhikari, Lakhimpur Kheri. Sri Dilip Kumar Pandey, learned counsel has also been heard for respondent no.4.

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Learned counsel for the appellant has very fairly confined his prayer that since the appellant-petitioner had worked for sometime on the post of Shiksha Mitra, however, she was not paid any honorarium and accordingly a direction may be issued to the Basic Shiksha Adhikari-respondent no.3 to consider her claim for payment of honorarium for the period she had worked. Learned counsel for the appellant, however, does not lay any serious challenge to the order passed by learned Single Judge whereby writ petition filed by the appellant-petitioner, namely, Writ-A No. 819 of 2006 was dismissed and the orders which were challenged before learned Single Judge have been upheld.

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Accordingly, we dispose of this special appeal with a direction to the Basic Shiksha Adhikari, Lakhimpur Kheri to consider the claim of the appellant-petitioner for payment of honorarium for the period she is said to have discharged the functions of

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Shiksha Mitra. For the said purpose, the appellant-petitioner shall make a representation to the Basic Shiksha Adhikari within 15 days from today along with certified copy of this order. Once any such application/representation is made, the same shall be considered and decided by the Basic Shiksha Adhikari after verifying the records and if any dues are payable to the appellant, the same shall be paid to her within eight weeks from the date any such representation is made under this order.

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Order Date :- 14.12.2022 Renu/-

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Digitally signed by RENU AGARWAL Date: 2022.12.14 16:00:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Shyama Singh v. State of U.P. Thru. Prin. Secy. Basic Education Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

Shyama Singh v. State of U.P. Thru. Prin. Secy. Basic Education Civil Sectt. Lko. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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