Writ petition seeking release of salary. Court directed authority to decide pending representation with reasoning within six weeks and release salary if no legal impediment, noting no merit examination.
Direction to respondent to decide pending representation within six weeks and release salary if no legal impediment.
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Court No. - 33
Case :- WRIT - A No. - 21092 of 2022
Petitioner :- Dr. Gaurav Verma Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Prakash Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner and the learned Standing Counsel for the State- respondent.
By means of the instant petition, the petitioner seeks a direction in the nature of mandamus commanding the respondents to release the salary of the petitioner w.e.f. 18.08.2022 till date.
Learned counsel for the petitioner submits that he has already raised the issue with the authority by means of his representation dated 02.12.2022, a copy of which has already been brought on record as annexure no.8 to the writ petition and the same has not yet been decided.
Considering the claim of the petitioner and that the matter is engaging the attention of the respondent no.2, accordingly at this stage, the Court is not inclined to call for the counter affidavit rather is of the opinion that ends of justice can be served by directing the respondent no.2 to consider and decide the pending representation of the petitioner by a reasoned and speaking order intimating the same to the petitioner preferrably within a period of six weeks from the date, a certified copy of this order is placed before the Authority concerned. In case there is no legal impediment, salary of the petitioner be released within the aforesaid period.
It is made clear that the Court has not examined the case of the petitioner on merits and the Authority concerned shall decide the same strictly in accordance with applicable law and rules.
Considering the claim of the petitioner and that the matter is engaging the attention of the respondent no.2, accordingly at this stage, the Court is not inclined to call for the counter affidavit rather is of the opinion that ends of justice can be served by directing the respondent no.2 to consider and decide the pending representation of the petitioner by a reasoned and speaking order
intimating the same to the petitioner preferrably within a period of six weeks from the date, a certified copy of this order is placed before the Authority concerned. In case there is no legal impediment, salary of the petitioner be released within the aforesaid period.
It is made clear that the Court has not examined the case of the petitioner on merits and the Authority concerned shall decide the same strictly in accordance with applicable law and rules.
With the aforesaid, the writ petition is disposed of.
Order Date :- 13.2.2023 Ashish Pd.
Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether to issue direction for release of pending salary without examining merits.
1 provisions across 1 enactments
Dr. Gaurav Verma
State of U.P.
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
