The High Court set aside an order withholding salary due to an admitted withdrawal of the termination order, directing the Director Social Welfare to pay salary within six weeks upon representation.
Impugned order set aside; petitioner directed to file representation for salary release; Director Social Welfare to act within six weeks.
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Neutral Citation No. - 2023:AHC:105777
Court No. - 36
Case :- WRIT - A No. - 5249 of 2023
Petitioner :- Rajnikant Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajeev Giri Counsel for Respondent :- C.S.C.,Surendra Nath Shukla
Hon'ble Ashutosh Srivastava,J.
the District Social Welfare Officer, Maharajganj, District Mahrajganj. In paragraph no. 11 of the affidavit sworn by Shri Shashank Singh, posted as District Social Welfare Officer (Development) Azamgarh, it has been submitted that the matter regarding the payment of salary of the petitioner was decided by the Director Social Welfare, U.P. Lucknow, vide order dated 14.10.2022, whereby, it was found that there was no justification for making the payment of salary due to termination of the petitioner. It is also the stand of the respondent nos. 3 and 4 that the payment of salary had been withheld only on the ground that the services of the petitioner had been terminated by the management by order dated 19.10.2020. Since the very basis of with-holding the payment of salary has now been withdrawn and does not exist, the Court finds that there is no justification for respondents to continue to withhold the salary to the petitioner, particularly, in view of the fact that the services of the petitioner stands reinstated by the management and he is continue to function on his post.
Order Date :- 16.5.2023 Deepak/
Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the petitioner is entitled to salary after the termination order is set aside and withdrawal of the basis for withholding salary is admitted.
Rajnikant Rai
State Of U.P.
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
