Disposed

Smt. Nirmala Dwivedi v. State of U.P. and 8 Others

Allahabad HC12 Jul 2023WRIA/10883/2023

Case brief

AI extract

What is this about?

A writ petition seeking direction to pay arrears of promotional pay was disposed of without adjudication on merits. The court granted liberty to file a comprehensive representation with the sixth respondent for a decision within two months.

What did the court decide?

Liberty granted to petitioner to prefer comprehensive representation before the sixth respondent for decision within two months.

Smt. Nirmala Dwivedi Vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:138273

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Court No. - 35

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Case :- WRIT - A No. - 10883 of 2023

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Petitioner :- Smt. Nirmala Dwivedi Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Vijay Kumar Dixit,Ashutosh Mishra Counsel for Respondent :- C.S.C

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Hon'ble Vikas Budhwar,J.

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Heard Sri Manoj Kumar Singh holding brief of Sri Ashutosh Mishra learned counsel for the writ petitioner and Sri Saurabh learned Standing Counsel who appears for respondents No. 1 to 6.

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In view of the order which is being proposed to be passed today notices are not being issued to respondents No. 7 to 9.

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The case of the writ petitioner is that the seventh respondent institution, Pt. Daya Shankar Shukla Inter College Bhaisauli, Fatehpur is an institution governed under the provisions of the U.P. Intermediate Education Act, 1921 and the Payment of Salary Act, 1971 stands applicable. The case of the writ petitioner is that her husband namely, Sri Vinod Kumar Dwivedi was appointed ad hoc teacher in C.T. Grade on 22.03.1988 accorded approval on 22.03.1988 services were regularized on 30.10.2000 and thereafter post completion of 10 years he was promoted in L.T. Grade and L.T. Selection Grade was also made admissible to him and he superannuated on 30.06.2015. Eventually he died on 13.07.2018 however despite the fact that the writ petitioner during lifetime and writ petitioner post his death represented the matter for payment of arrears of the annulment from C.T. Grade to L.T. Grade promotional pay scale etc. the same has not been paid to the writ petitioner.

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Prayer in the present petition is for a direction to the respondents to consider the case of the writ petitioner for payment of the said amount and to decide the representation dated 08.10.2022. Sri Saurabh learned Standing Counsel who appears for the official respondent submits that no fruitful purpose will be served in detaining the writ petition on board, however according to him he does not propose to file any affidavit according to him the claim of the writ petitioner can be espoused at the first instance by the District Inspector of Schools Fatehpur who shall accord

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consideration to the claim of the writ petitioner.

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To such a submission, the learned counsel for the writ petitioner has no objection and he gracefully accepts the same.

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Considering the submission of the rival parties and the stand taken by them, the writ petition is being disposed of without seeking any response from the respondents granting liberty to the writ petitioner to prefer comprehensive representation along with the self attested copy of the writ petition before the sixth respondent who shall on the receipt of the same thereafter proceed to decide the claim of the writ petitioner strictly in accordance with law and the statutory scheme available therein within a period of two months from the date of production of the certified copy of the order. The said order is to be passed after hearing the respondents No. 7, 8 and 9 who have been impleaded as party respondent.

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Passing of this order may not be construed to be an expression that this Court has adjudicated on the merits of the matter.

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Order Date :- 12.7.2023 Rajesh

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Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad

Smt. Nirmala Dwivedi v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

Smt. Nirmala Dwivedi v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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