Writ petition over five years of withheld salary of a teacher; an interim order had directed payment of current salary. Counter affidavit time extended and matter listed for further hearing.
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Court No. - 4
Case :- WRIT - A No. - 5363 of 2024
Petitioner :- Harendra Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Secondary Education Lko. And 5 Others
Counsel for Petitioner :- Pradeep Tiwari,Amar Deep Mishra Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
"1. Heard Sri Sudeep Seth, learned Senior Advocate, assisted by Sri Pradeep Tiwari, learned counsel for the applicant and Sri Ram Prakash Maurya, learned Standing Counsel for the State respondents.
2. By means of this petition the petitioner has prayed following relief :
"i) To issue a writ order or direction in the nature of certiorari quashing the impugned order dated 13.04.2023 issued by the respondent no.4, the copy of which is annexed as Annexure No-1 to this writ petition.
ii) To issue a writ order or direction in the nature of mandamus thereby commanding the opposite party no. 3& 4 i.e. District Inspector of Schools, Balrampur and Finance and Account Officer, District Balrampur respectively to forthwith make the payment of outstanding withheld salary to the petitioner and to regularly pay the same henceforth for each and every month as and when it falls due."
3. Sri Seth has drawn attention of this Court towards the impugned order which has been passed in compliance of the order passed by this Court to take appropriate decision for making payment of salary to the petitioner but while passing the aforesaid order it is not clear as to why the salary of the petitioner has not been paid. However, the reason so indicated in that order is that the L.P.C., Service Book and G.P.F. Pass Book has not been made available to the competent authority till date whereas Annexure no. 31 is the letter dated 22.11.2022 preferred by the same authority who has passed the impugned order indicating therein that the L.P.C. and Service Book has not been provided by the office of District Inspector of Schools, Siddharthnagar. Besides, on the basis of aforesaid letter dated 22.11.2022 (Annexure no. 31) the D.I.O.S., Balrampur has written a letter dated 28.12.2022 (Annexure no. 30) to the authority who has passed the impugned order to make payment of salary to the petitioner since the L.P.C. has been received. He has further submitted that all those documents which have been required by the Finance and Accounts Officer are being maintained by the D.I.O.S. itself and if any of those documents is not made available to the Finance & Accounts Officer, for that reason the payment of salary of the petitioner may not be withheld.
4. The matter requires consideration.
5. Let the counter affidavit be filed within three weeks and rejoinder affidavit may be filed in one week thereafter.
6. List in the week commencing 20.8.2024 within top ten cases.
7. Till the next date of listing the petitioner shall be paid his current salary, if there is no legal impediment."
Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Harendra Kumar Singh
State Of U.P. Thru. Addl. Chief Secy. Deptt. Secondary Education Lko.
Rajesh Singh Chauhan
As recorded by the court registry
5 orders share this CNR
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