Hanuman Prasad Pandey vs State of U.P. Thru. Secy. Basic Education Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

Hanuman Prasad Pandey vs State of U.P. Thru. Secy. Basic Education Lko. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions: salary w.e.f. April, 2011 to November, 2011 to be paid to the petitioner with expedition, preferably within one month; counter affidavit by opposite parties, particularly no.2 to 4; matter listed fresh in the week commencing 19.05.2025; petitioner to cooperate in the pending inquiry. Question of interest on the salary left open pending the inquiry.

Issue for consideration

Whether the petitioner's salary w.e.f. April, 2011 to November, 2011, directed to be paid by the order dated 17.12.2024 of the District Basic Education Officer, Unnao, would be paid, more than four months having elapsed without payment. +1 more

Court's answer

Since more than four months had passed after the order dated 17.12.2024, the Court directed that the petitioner's salary w.e.f. April, 2011 to November, 2011 be paid with expedition, preferably within a period of one month.

Key takeaways

The petitioner shall cooperate in the pending inquiry.obiter¶15

Detailed headnote1 paragraphs

Interim order — WRIT - A No. - 4146 of 2025 (Hanuman Prasad Pandey v. State Of U.P. Thru. Secy. Basic Education Lko. And 3 Others), High Court of Judicature at Allahabad, Lucknow Bench, Rajesh Singh Chauhan, J., Order Date 17.4.2025. Under challenge is the order dated 17.12.2024 of the District Basic Education Officer, Unnao directing payment of the petitioner's salary w.e.f. April, 2011 to November, 2011 without interest, subject to final decision pursuant to letter dated 18.07.2011. More than four months after that order the salary remained unpaid; the Court directed payment with expedition, preferably within one month. The claim of interest on the salary was not decided — counsel for the District Basic Education Officer stated it would be considered after disposal of the pending inquiry against the petitioner. Counter affidavit by opposite parties no.2 to 4 permitted; matter listed fresh in the week commencing 19.05.2025; petitioner to cooperate in the pending inquiry.

Court No. - 3

Case :- WRIT - A No. - 4146 of 2025

Petitioner :- Hanuman Prasad Pandey Respondent :- State Of U.P. Thru. Secy. Basic Education Lko. And 3 Others

Counsel for Petitioner :- Moti Lal Yadav Counsel for Respondent :- C.S.C.,Abhinav Singh

Hon'ble Rajesh Singh Chauhan,J.

Heard Sri Moti Lal Yadav, learned counsel for the petitioner, Sri Udai Veer Singh, learned Addl. Chief Standing Counsel for the State- opposite party no.1 and Sri Abhinav Singh, learned counsel for opposite parties no.2, 3 & 4.

Under challenge is the order dated 17.12.2024 passed by the District Basic Education Officer, Unnao directing for making payment of salary of the petitioner w.e.f. April, 2011 to November 2011 without making payment of interest thereon and that payment shall be subject to the final decision, which would be taken pursuant to the letter dated 18.07.2011.

Learned counsel for the petitioner has stated that more than four months' period has passed since passing the order dated 17.12.2024 but the petitioner has not been paid the salary in terms of the aforesaid order.

On that, Sri Abhinav Singh, learned counsel for the District Basic Education Officer has stated that the petitioner would be paid the aforesaid salary with expedition and so far as claim of interest on the aforesaid amount is concerned, appropriate decision may be taken after disposal of the pending inquiry against the petitioner.

Be that as it may, since more than four months' period has passed after the order dated 17.12.2024, therefore, payment of salary w.e.f. April, 2011 to November, 2011 be paid to the petitioner with expedition, preferably within a period of one month.

In the meantime, counter affidavit may be filed by the opposite parties, more particularly, by opposite parties no.2 to 4.

List in the week commencing 19.05.2025 as fresh.

If the petitioner is paid salary in terms of the order dated

17.12.2024, order to that effect may be enclosed with the counter affidavit and learned counsel for the petitioner may also intimate this fact to the Court on the next date.

It is needless to say that the petitioner shall cooperate in the pending inquiry.

[Rajesh Singh Chauhan,J.]

Order Date :- 17.4.2025 RBS/-

Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench