Disposed

Neeraj Tiwari v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 6 Others

Allahabad HC26 Apr 2024WRIA/3267/2024

Case brief

AI extract

What is this about?

In a writ petition regarding non-payment of salary, the Allahabad High Court directed the competent authority to verify the petitioner's joint signature and decide on salary payment within eight weeks, without delving into the merits of the recovery objection.

What did the court decide?

Direction to competent authority to verify joint signature and decide on salary payment within eight weeks.

Neeraj Tiwari vs State of U.P. Thru. Prin. Secy… — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:36484

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Court No. - 20

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Case :- WRIT - A No. - 3267 of 2024

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Petitioner :- Neeraj Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. And 6 Others Counsel for Petitioner :- Shubham Singh Counsel for Respondent :- C.S.C.,Rakesh Kumar Chaudhary

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Hon'ble Shree Prakash Singh,J.

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Sri Rakesh Kumar Chaudhary, Advocate, has put in appearance on behalf of opposite party no. 5 and Sri Jai Pratap Singh, Advocate, has put in appearance on behalf of opposite party no. 7 by way of filing Vakalatnamas and the same are taken on records.

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Heard learned counsel for the petitioner, Sri Sanjeev Singh Chauhan, learned Additional Chief Standing Counsel for the opposite parties no. 1 to 3, Sri Rakesh Kumar Chaudhary, learned counsel for the opposite parties no. 4 & 5 and Sri Jai Pratap Singh, learned counsel for the opposite party no.7.

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Instant writ petition has been filed with the following reliefs :-

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"1. Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.4. to verify the joint signature of the petitioner as well as Vice chairman of the B-PACCS Shivlar, Block-Goalganj, Lucknow in pursuant to the resolution dated 13/03/2024 vide Annexure No.12 & Annexure No.13 so that the salary of the petitioner could be released.

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2. Issue a writ, order or direction in the nature of mandamus thereby directing the opposite party no.3 to pass appropriate order regarding non-payment of the salary of the petitioner since September 2021 i.e during his posting as in-charge secretary at B-PACCS, Gautam Kheda, Block-Mohanlalganj, Lucknow vide Annexure No.14 and ensure the payment of the salary as well as arrears and dues of the petitioner within stipulated time.

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3. Any other order or direction as deemed fit and just by this Hon'ble court may also be passed looking into the circumstances of the case and age of the petitioner.

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4. Award the cost of the writ petition in favour of the petitioner."

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After arguing at some length, learned counsel appearing for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to direct the competent authority to decide the claim of petitioner with respect to verification of the joint signature of the petitioner as well as the Vice Chairman of the B-PACCS, Shivlar, BlockGosaiganj, Lucknow and thereafter, payment of salary to the petitioner since September,2021, within stipulated period of time, as may be fixed by this court.

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Learned counsels appearing for the opposite parties though, have raised an objection that certain recovery is imposed upon the petitioner, but, they have no objection if this Hon'ble Court may be pleased to direct the competent authority to decide the claim of the petitioner.

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In view of the above and without entering into the merits of the case, the competent authority is hereby directed to consider and decide the claim of the petitioner with respect to verification of the joint signature of the petitioner as well as the Vice Chairman of the B-PACCS, Shivlar, BlockGosaiganj, Lucknow and thereafter, payment of salary to the petitioner, if any, within period of eight weeks from the date a certified copy of this order, is produced before him.

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With the aforesaid observations, the writ petition is disposed of.

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Order Date :- 13.5.2024 AKS

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Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Neeraj Tiwari v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 6 Others

Case brief

What is this about?

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Neeraj Tiwari v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 6 Others

Case brief

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