Dheeraj Kumar Vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Urban Development Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Dheeraj Kumar Vs the State of U.P. Thru. Its Prin. Secy. Deptt. of Urban Development Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of on recorded statements: petitioner to present himself for joining within 3 days, whereupon he would be permitted to join; no objection to his continuing to reside in the official accommodation provided he vacates it by 15.04.2025; liberty to submit a comprehensive representation on salary arrears before respondent No.3 within one week, to be considered in accordance with law within four weeks.

Issue for consideration

Whether the petitioner, attached vide order dated 03.01.2025 to Krishna Devi Municipal Girls Inter College, Biswan, Sitapur, should be permitted to join the institution, he alleging he had not been permitted to join. +2 more

Court's answer

On the joining grievance, the Court recorded the statement of respondents' counsel that if the petitioner presents himself for joining within 3 days at the institution in question he would be permitted to join, as earlier he had never presented himself for joining.

Ratio / Principle

On the official accommodation, the Court recorded the statement of respondents' counsel that there would be no objection to the petitioner continuing to reside in the official accommodation in case he vacates it by 15.04.2025.

Key takeaways

The aforesaid statements of counsel were recorded by the Court and formed the basis of disposal.ratio¶¶13
On arrears of salary, the petitioner was permitted to submit a comprehensive representation before respondent No.3 within a week along with a certified copy of the order, and the competent authority was directed to consider the same in accordance with law within the next four weeks.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Abdul Moin, J.), Writ-A No. 2068 of 2025, decided 19.2.2025 — Petitioner, a Clerk in Nagar Palika Parishad, Biswan, Sitapur, attached vide order dated 03.01.2025 to Krishna Devi Municipal Girls Inter College, Biswan, sought (a) permission to join, alleging he had not been permitted to join, and (b) time till 15.04.2025 to vacate his official accommodation owing to his children's examinations. With the consent of parties the matter was decided finally: the Court recorded respondents' counsel's statements that the petitioner would be permitted to join if he presented himself within 3 days, and that there would be no objection to his continuing in the official accommodation if vacated by 15.04.2025. On arrears of salary unpaid since October, 2024, the petitioner was permitted to submit a comprehensive representation before respondent No.3 within a week along with a certified copy of the order, and the competent authority was to consider it in accordance with law within the next four weeks. Petition disposed of.

Neutral Citation No. - 2025:AHC-LKO:10831

Court No. - 5

Case :- WRIT - A No. - 2068 of 2025

Petitioner :- Dheeraj Kumar Respondent :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Urban Development Lko. And 3 Others

Counsel for Petitioner :- Anshuman Singh Rathore,Rajeev Kumar Srivastava Counsel for Respondent :- C.S.C.,Sriniwas Bajpai

Hon'ble Abdul Moin,J.

1 . Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents No.1 and 2 and Shri Shiniwas Bajpai, learned cousnel appearing for respondents No.3 and 4.

2 . With the consent of the parties the matter is being decided finally.

3 . After arguing at some length, learned counsel for the petitioner states that there are two grievances namely (a) that despite the petitioner having been attached vide order dated 03.01.2025, a copy of which is Annexure-9 to the petition, being issued for petitioner's attachment at Krishna Devi Municipal Girls Inter College, Biswan, Sitapur, he has not been permitted to join and he would be submitting his joining within 3 days from today; and (b) that as the petitioner was working as a Clerk in Nagar Palika Parishad, Biswan, Sitapur, he is also having official accommodation but he is unable to vacate the same on account of examination of his children but states that he would be vacating the said accommodation positively by 15.04.2025.

4 . Responding to aforesaid, Shri Sriniwas Bajpai, learned counsel appearing for respondents No.2 and 3 states that in case the petitioner presents himself for joining within a period of 3 days to the institution in question he would be permitted to join as earlier he never presented himself for joining.

5 . So far as official accommodation is concerned, Shri Sriniwas Bajpai, learned counsel appearing for the respondents No.2 and 3

states that in case the petitioner vacates the accommodation by 15.04.2025, then he would not have any objection to the petitioner continuing to reside in the official accommodation by the aforesaid date.

6 . Aforesaid statements are recorded.

7 . So far as arrears of salary are concerned, it is stated by the learned counsel for the petitioner that the salary has not been paid since October, 2024 as such the petitioner is permitted to submit a comprehensive representation before the respondent No.3 within a period of a week along with a certified copy of this order, and competent authority shall consider the same in accordance with law within a period of next four weeks.

8 . The writ petition stands disposed of .

Order Date :- 19.2.2025

prateek

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