Disposed

Dileep Kumar Mishra and 9 Others v. State of U.P. Thru. Prin. Secy. Secondary Education Civil Secrett. Lko. and 4 Others

Allahabad HC27 Jul 2023/4811/2023

Case brief

AI extract

What is this about?

In this writ petition, the court directed the respondent to consider the petitioners' representation regarding unpaid salaries for primary section staff in Junior High Schools, guided by a Constitution Bench judgment, and to decide within two months.

What did the court decide?

Directed respondent no.1 to consider the petitioners' representation in Annexure No. 14 and decide the matter in the light of the Apex Court judgment within two months.

Dileep Kumar Mishra and 9 Others Vs State… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:49530

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Court No. - 4

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Case :- WRIT - C No. - 4811 of 2023

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Petitioner :- Dileep Kumar Mishra And 9 Others Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Education Civil Secrett. Lko. And 4 Others Counsel for Petitioner :- Pawan Kumar Pandey Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Shri Shashank Singh, Advocate holding brief of Shri Pawan Kumar Pandey, learned counsel for the petitioners and Shri Raj Baksh Singh, learned Additional Chief Standing Counsel for opposite party nos.1 to 4.

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In view of the proposed order, notice to opposite party no.5 is hereby dispensed with.

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Contention of the learned counsel for petitioners is that the respondents are not paying salary to the teachers and staff of the primary section attached to the Junior High School from the State fund though the same is being paid to the teachers and staff of the Junior High School for classes VI to VIII.

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He placed reliance on a recent Constitution Bench judgement of the Apex Court dated 2nd September, 2014 passed in Civil Appeal No. 3989 of 2006 (State of U.P & others vs. Pawan Kumar Dwivedi and others) and other connected appeals , wherein their Lordships have held that such teachers and staff of the primary section are also entitled to payment of salary from the State fund under the Payment of Salary Act. Said judgement has been passed in the matters pertaining to the State of U.P., therefore, the respondents are fully bound by the said judgment.

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Considering the facts and circumstances of this case, writ petition is disposed of with a direction to the respondent no.1 to consider the representation of petitioners contained in Annexure No. 14 to the writ petition, in the light of the judgement of the Apex Court referred above and take a decision in the matter in accordance therewith within a period of two months from the date of presentation of the certified copy of this order before him. The consequences shall follow accordingly.

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Order Date :- 27.7.2023/Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Dileep Kumar Mishra and 9 Others v. State of U.P. Thru. Prin. Secy. Secondary Education Civil Secrett. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Dileep Kumar Mishra and 9 Others v. State of U.P. Thru. Prin. Secy. Secondary Education Civil Secrett. Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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