Disposed

Arun Kumar Awasthi v. State of U.P. Thru. Secy. Education (Secondary) and 4 Others

Allahabad HC12 Sept 2024WRIA/7817/2024

Case brief

AI extract

What is this about?

This order disposed of a writ petition seeking direction for payment of salary arrears for a specific past period. The Court observed that while the petitioner was recently regularized, the claim for earlier arrears remained unadjudicated. Liberty was granted to file a representation with the District Inspector of Schools for consideration within eight weeks.

What did the court decide?

Liberty granted to file representation before District Inspector of Schools, Unnao, to be decided within eight weeks; petition disposed.

Arun Kumar Awasthi vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63146

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Court No. - 18

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Case :- WRIT - A No. - 7817 of 2024

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Petitioner :- Arun Kumar Awasthi Respondent :- State Of U.P. Thru. Secy. Education (Secondary) And 4 Others Counsel for Petitioner :- Shradha Mishra,Suyash Misra Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard Ms. Shradha Mishra, learned counsel for petitioner, learned State Counsel for opposite parties no. 1 to 4. In view of order being passed, notice to opposite party no. 5 stands dispensed with.

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Petition has been filed seeking a direction to opposite parties to consider petitioner's representation for payment of arrears of salary w.e.f. 07.08.1993 till 31.03.2000. Interest thereupon has also been sought.

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It is submitted that initially petitioner was appointed on the post of Assistant Teacher in the school concerned on 04.08.1993 by the Committee of Management against short-term vacancy but due to non-payment of salary, he filed Writ Petition No. 2907 (S/S) of 1994 in which vide interim order dated 05.05.2000, direction was issued for payment of current salary to petitioner in case no regularly selected candidate has joined on the post. The said petition was thereafter disposed of vide order dated 19.04.2016 directing the opposite parties for payment of salary to petitioner regularly in case he was working, in terms of interim order while granting liberty to challenge the order dated 03.11.2015 whereby petitioner's claim for regularization had been rejected.

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It is submitted that thereafter petitioner had filed Writ Petition No. 6085 (S/S ) of 2006 claiming benefit of Section 33F of the U.P. Secondary Education Service Selection Boards Act, 1982. The said petition was also disposed of vide order dated 20.07.2006 directing opposite parties to consider claim of petitioner for regularization. He also filed another writ petition bearing No. 10393 of 2006 as well as Writ Petition No. 378 (S/S) of 2007 which was also disposed of vide order dated 23.02.2015 directing re-consideration of petitioner's case for regularization. The order also indicated that interim order granted earlier would remain available to petitioner.

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It is submitted that in pursuance thereof, petitioner was regularized in service but he initial claimed of payment of salary for the period 1973 till 2000 still remains unadjudicated upon.

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In view of submissions advanced by learned counsel for petitioner and upon perusal of material on record, it appears that although the aforesaid claim had been agitated by petitioner earlier but inadvertently no directions were issued to the concerned authorities with regard to same.

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Liberty, therefore, is granted to petitioner to file a representation before opposite party no. 4 i.e. District Inspector of Schools, Unnao with regard to the aforesaid grievance, which shall be considered and decided in accordance with law within a period of eight weeks from the date a certified copy of this order is produced before the said authority.

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With aforesaid directions, petition stands disposed of

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Order Date :- 12.9.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Arun Kumar Awasthi v. State of U.P. Thru. Secy. Education (Secondary) and 4 Others

Case brief

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Arun Kumar Awasthi v. State of U.P. Thru. Secy. Education (Secondary) and 4 Others

Case brief

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