Disposed

Suresh Narayan Dubey v. State of U.P. and 4 Others

Allahabad HC5 Feb 2025WRIA/1433/2025

Case brief

AI extract

What is this about?

The Court directed the release of the petitioner's salary, which had been stopped due to a dispute over the validity of his EWS certificate, noting that no adverse order existed and the earlier directed timeframe for a final decision by the District Magistrate had expired.

What did the court decide?

Direction issued for release of petitioner's salary subject to verification of attendance.

Suresh Narayan Dubey vs State of U.P. and… — Pension and Retirement Benefits | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:16245

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Court No. - 10

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Case :- WRIT - A No. - 1433 of 2025

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Petitioner :- Suresh Narayan Dubey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Saurabh Shyam Shamshery,J.

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Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Kauntey Singh, Advocate for petitioner and learned Standing Counsel for State-Respondents.

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Petitioner has earlier approached this Court by way of filing Writ-A No. 10016 of 2024 challenging order dated 26.03.2024 whereby his salary was stopped w.e.f. January, 2024. Said writ petition was disposed of vide order dated 24.07.2024 and for reference said order, in its entirety, is reproduced hereinafter:

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“1. Heard Shri G.K. Singh, learned Senior Advocate assisted by Shri Pratik Chandra, learned counsel for the petitioner and Ms. Archana Tyagi, learned Additional Chief Standing Counsel appearing for the State.

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By means of the instant writ petition, the petitioner has challenged the validity of an order dated 26.3.2024 passed by the Regional Higher Education Officer, Merrut, temporarily stopping payment of salary to the petitioner till a final decision is taken regarding validity of the certificates submitted by the petition claiming himself to be belonging to an Economically Weaker Section of the Society.

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Briefly stated, facts of the case are that the petitioner got appointed on a post of Assistant Professor (Political Science) in Krishak P.G. College, Mawana, District Meerut by means of an order dated 18.08.2022, giving him the benefit of reservation for persons belonging to Economically Weaker Section of the Society as the petitioner had produced a certificate that he belongs to the aforesaid category. Subsequently, a complaint was made against the validity of the petitioner's E.W.S. Certificate and the Tehsildar issued an Office Memorandum dated 22.09.2022 cancelling the E.W.S. Certificate of the petitioner that was issued on 13.06.2022.

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The petitioner submits that this order dated 22.09.2022 was an ex-parte order but subsequently, after he placed his version, the Tehsildar, Sadar, Sultanpur has

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submitted a report dated 25.8.2023 to the District Magistrate, Sultanpur, stating that the petitioner's E.W.S. Certificate deserves to be restored. However, no final decision in this regard has been taken till date and during pendency of the matter, the Regional Higher Education Officer, Meerut has passed the impugned order directing stoppage of payment of salary to the petitioner.

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The matter of validity of the petitioner's E.W.S. Certificate has not been finally decided till date and it would not be appropriate to pass any order regarding payment of salary to the petitioner till a final order regarding the validity of his E.W.S. Certificate is taken.

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Keeping in view the aforesaid facts, the instant writ petition is disposed of by issuing a direction to the respondent No.3- District Magistrate, Sultanpur to pass an appropriate order regarding validity of the E.W.S. Certificate issued to the petitioner, after taking into consideration all relevant aspects of the matter and after giving a proper opportunity of hearing to the concerned parties, within a period of two months from the date of receipt of certified copy of this order.”

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Learned Senior Advocate appearing for petitioner submits that aforesaid order has not been complied with and the matter is still seized with District Magistrate, Sultanpur. He also refers document dated 30.11.2024 annexed alongwith this writ petition that said respondent has referred that concerned Tehsildar has sought guidance probably on ground that there are certain ambiguity between Government Orders dated 07.12.2023 and 19.09.2022. He also refers a report of Tehsildar concerned dated 25.08.2023 which records factual aspect of case that petitioner was legally entitled for EWS Certificate. He submits that since the matter is not decided within the period, as directed by this Court, therefore, salary of petitioner may be released.

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Learned Standing Counsel appearing for State-Respondents submits that since further guidance has been sought by Tehsildar, therefore, District Magistrate has not decided the issue and prays that some more time may be granted so that decision may be taken.

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I have considered the aforesaid submissions. In earlier round of litigation this Court has directed District Magistrate to take a decision within two months and said period has already expired. However, till date no decision has been taken,

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therefore, EWS Certificate issued to petitioner is still in existence.

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In view of above, this Court is of the considered opinion that at this stage there is no adverse order or material against petitioner, specifically in the light of report of Tehsildar concerned dated 25.08.2023. Therefore, it is directed that salary of petitioner be released, subject to verification of his attendance. District Magistrate, Sultanpur is also directed to take a reasoned decision within a short period and this order will remain subject to decision so taken by District Magistrate.

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With aforesaid direction, this writ petition is disposed of.

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Order Date :- 5.2.2025 AK

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Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad

Suresh Narayan Dubey v. State of U.P. and 4 Others

Case brief

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Suresh Narayan Dubey v. State of U.P. and 4 Others

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