Quashed

Harishchandra v. State of U.P. Thru. Secy. Basic Education Lko. and 2 Others

Allahabad HC14 Nov 2024/1452/2024

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What is this about?

The High Court quashed an order rejecting salary arrears for a peon. It directed the management to provide working documents within two weeks, enabling the authority to process payment within six weeks under relevant rules.

What did the court decide?

The impugned order dated 30.01.2024 was quashed, and the petitioner was directed to be paid arrears once documents are produced by management.

Harishchandra Vs State of U.P. Thru. Secy. Basic… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:75427

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Court No. - 5

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Case :- WRIT - A No. - 1452 of 2024

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Petitioner :- Harishchandra

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Respondent :- State Of U.P. Thru. Secy. Basic Education Lko. And 2 Others Counsel for Petitioner :- Anshuman Singh Rathore,Atul Kumar Singh Counsel for Respondent :- C.S.C.,Krishna Madhav Shukla

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Hon'ble Abdul Moin,J.

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1 . Heard.

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2 . Under challenge is the order dated 30.01.2024, a copy of which is Annexure-15 to the petition, passed by the B.S.A., Ambedkar Nagar whereby the claim of the petitioner for payment of arrears of salary on the post of Peon has been rejected on the ground that despite the management having been asked to provide documents pertaining to working of the petitioner, the management is unable to make available the said documents.

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3 . Shri Krishna Madhav Shukla, learned counsel for respondent No.3Management states that now the records are available with the Management and whenever the B.S.A. asks for the said records, he would be making available the said documents.

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4 . Shri P.K. Singh, learned Additional Chief Standing Counsel states that in case records are made available by the Management, then the claim of the petitioner for payment of arrears of salary would be considered in accordance with law under relevant rules.

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5 . Considering the aforesaid the impugned order dated 30.01.2024, a copy of which is Annexure-15 to the petition, is quashed. The petition is allowed.

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6 . It is provided that in case respondent No.3 makes available the documents as had been asked by the B.S.A. for the purpose of payment of arrears of salary to the petitioner, which documents would be made available within 2 weeks along with certified copy of this order, then the competent authority, who is said to be B.S.A. Ambedkar Nagar, shall proceed for payment of arrears of salary to the

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petitioner in accordance with law under relevant rules and an order in this regard would be passed within 6 weeks from the date records are made available regarding working of the petitioner in the institution for the period between 2006 to 2012.

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Order Date :- 14.11.2024

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prateek

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Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench

Harishchandra v. State of U.P. Thru. Secy. Basic Education Lko. and 2 Others

Case brief

What is this about?

What did the court decide?

Harishchandra v. State of U.P. Thru. Secy. Basic Education Lko. and 2 Others

Case brief

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What did the court decide?

What the court decided

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