Vijay Shankar Shukla vs State of U.P. Thru. Secy. Urban Planning Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Vijay Shankar Shukla vs State of U.P. Thru. Secy. Urban Planning Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondents No.3 and 4 to release the petitioner's salary since November, 2024 and continue to pay the same unless there is some legal impediment; it remains open to the respondents to pass a formal order in accordance with law.

Issue for consideration

Whether the salary of the petitioner, who continues to work on the post of Pump Attendant-Tubewell Operator, stopped since November, 2024 without assigning any reason, ought to be released.

Court's answer

The writ petition is disposed of with a direction to respondents No.3 and 4 to release the salary of the petitioner since November, 2024 and continue to pay the same unless there is some legal impediment.

Ratio / Principle

It would also be open to the respondents to pass a formal order in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 5; Hon'ble Abdul Moin, J. WRIT - A No. - 2525 of 2025 (Neutral Citation No. 2025:AHC-LKO:14686), Order Date 11.3.2025; decided finally with the consent of the parties. Petitioner Vijay Shankar Shukla, working on the post of Pump Attendant-Tubewell Operator, contended that his salary had been stopped since November, 2024 without assigning any reason. On instructions of the Executive Officer, Nagar Palika Parishad, Belha, District Pratapgarh (respondent No.4) dated 03.03.2025, respondents' counsel stated that complaints alleging non-regular appointment had been received against various Nagar Palika employees; the erstwhile District Magistrate directed respondent No.2 to take cognizance; a preliminary enquiry followed and the salaries of all 22 complained-against employees were stopped with immediate effect; a 5-member committee enquiry concluded with referral of the matter to the State Government for appropriate order on 16.01.2025. Counsel fairly conceded that no formal order stopping the petitioner's salary had been passed. The writ petition was disposed of with a direction to respondents No.3 and 4 to release the petitioner's salary since November, 2024 and continue to pay the same unless there is some legal impediment, it remaining open to the respondents to pass a formal order in accordance with law.

Neutral Citation No. - 2025:AHC-LKO:14686

Court No. - 5

Case :- WRIT - A No. - 2525 of 2025

Petitioner :- Vijay Shankar Shukla Respondent :- State Of U.P. Thru. Secy. Urban Planning Lko. And 3 Others Counsel for Petitioner :- Anup Kumar Mishra Counsel for Respondent :- C.S.C.,Mohd. Ali

Hon'ble Abdul Moin,J.

1 . Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents No.1 and 2 and Shri Mohd Ali, learned counsel appearing for respondents No.3 and 4.

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

3 . Contention of the learned counsel appearing for the petitioner is that despite the petitioner having been working on the post of Pump Attendant-Tubewell Operator, without assigning any reason, his salary has been stopped since November, 2024.

4 . This Court vide order dated 04.02.2025 had required Shri Mohd Ali learned counsel appearing for respondents No.3 and 4 to seek instructions in the matter.

5 . Today Shri Mohd Ali, learned counsel appearing for respondents No.3 and 4, on the basis of instructions sent by the Executive Officer, Nagar Palika Parishad, Belha, District Pratapgarh-respondent No.4 dated 03.03.2025, states that the complaints had been received against various employees of the Nagar Palika contending that their appointment was not regular. The erstwhile District Magistrate directed the respondent No.2 to take cognizance of the said complaint and in pursuance thereof, a preliminary enquiry was conducted and all 22 employees against whom the complaint had been made their salary had been stopped with immediate effect. It is also contended that now a 5 member committee has been constituted, which has also conducted an enquiry and now the matter has been referred to the State

Government for appropriate order on 16.01.2025.

6 . However, Shri Mohd Ali, learned counsel appearing for respondents No.3 and 4 fairly states that no formal order of stopping salary of the petitioner has been passed in this regard.

7 . Considering the aforesaid, the writ petition is disposed of with a direction to the respondents No.3 and 4 to release the salary of the petitioner since November, 2024 and continue to pay the same unless there is some legal impediment. It would also be open to the respondents to pass a formal order in accordance with law.

Order Date :- 11.3.2025 prateek

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