Smt. Krishna Devi Sharma and 10 Others vs State of U.P. Thru. Prin. Secy., Harijan and Social Welfare Deptt. and 4 Others

Court No. - 3

Case :- WRIT - A No. - 4678 of 2025

Petitioner :- Smt. Krishna Devi Sharma And 10 Others Respondent :- State Of U.P. Thru. Prin. Secy., Harijan And Social Welfare Deptt. And 4 Others Counsel for Petitioner :- Som Kartik Shukla,Ravindra Kumar Ravi

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Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Som Kartik Shukla, learned counsel for the petitioners and Sri Sanjeev Singh, learned Standing Counsel for opposite parties No. 1 & 2.

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Issue notice to opposite parties No. 3 to 5.

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Steps be taken within a week.

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Office to proceed accordingly.

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Sri Som Kartik Shukla has filed an application for amendment in the writ petition, same is taken on record.

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Amendment application is allowed.

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Let the necessary amendment be carried out during the course of the day.

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Office is directed to allot the application number.

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After the amendment, the prayers of the writ petition are as follows:-

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"(i) To issue a writ, order or direction in the nature of mandamus commanding opposite party Nos. 1 and 2 to pay regular salary to the petitioners along with consequential benefits.

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(ii) To issue a writ, order or direction in the nature of mandamus commanding opposite party No. 1 and 2 to pay arrears of salary from July, 2024 to the petitioner and also pay interest on arrears and late payment of salary, from July 2024 up to the period the salary is actually paid.

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(ii-a) To Issue a writ, order or direction in the nature of Certiorari quashing minutes of meeting/ resolution dated 08.10.2021 (Annexure-6 to the writ petition) as well as office memorandum dated 19.01.2022 (Annexure-7 to the writ petition), as well as letter dated 02.08.2023 issued by special Secretary, after summoning the record."

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Attention has been drawn towards Annexure -10 which is an order dated 21.04.2025 in Writ-A No.3641 of 2025, which reads as under:

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"1. Heard Sri Som Kartik Shukla, learned counsel for the petitioners and Sri Udai Veer Singh, learned Additional Chief Standing Counsel for opposite parties no. 1 and 2.

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2. This Court has passed an order dated 02.04.2025 which reads as under:-

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"1. Heard Sri Som Kartik, learned counsel for the petitioner and Dr. Udai Veer Singh, learned Addl. C.S.C. for opposite parties no. 1 and 2.

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2. Attention has been drawn towards Annexure no. 8 which is an interim order dated 27.6.2024 passed by this Court in Writ-A No. 4226 of 2024 [Kirti Sharma and others vs. State of U.P. & others].Thereafter this Court passed another order dated 29.11.2024 in Writ A No. 8691 of 2024 [Kirti Sharma and 4 others vs. State of U.P. & others]. Both the aforesaid writ petitions have been connected together. In the first writ petition the interim order was passed after exchange of affidavits. In second writ petition the interim order has been passed after the instructions have been received by the State-respondent.

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3. Sri Som Kartik has stated that the petitioners of aforesaid writ petitions are having similar claim and they may be given the same benefit which has been given by this Court in the aforesaid writ petition.

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4. Dr. Udai Veer Singh has stated that since 118 petitioners of different category, some of them are Principal, Teachers, Senior Instructors, Junior Instructors, Junior Assistant, Class IV employees, Class III employees of different institutions, therefore, he may be given some reasonable time to seek specific instructions from opposite parties no. 1 and 2 as to whether these petitioners are entitled for the same benefit which has been provided by this Court in aforesaid two writ petitions.

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5. List on 21.4.2025 as fresh.

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6. This matter may be taken up after fresh cases.

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7. In the meantime Dr. Udai Veer Singh, learned Addl. C.S.C. may seek specific instructions as to whether the present petitioners are entitled for the same benefit which has been given by this Court in the aforesaid two writ petitions."

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3. Sri Udai Veer Singh, learned Additional Chief Standing Counsel has produced a copy of the instructions/letter dated 17.04.2025 provided by the Director, Social Welfare, U.P. Lucknow. The same is taken on record.

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4. Precisely, on the basis of instructions, the information provided that the institutions in question have failed to obtain recognition, consequently there cannot be any occasion for the payment of salary to the petitioners, as such salary of the petitioners has correctly been stopped.

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5. Sri Som Kartik has drawn attention of this Court towards Annexure no.9, which is an order dated 29.11.2024 passed in Writ-A No. 8691 of 2024, wherein same instructions were provided to the Court and considering those instructions, this Court found that on the basis of those instructions, interim relief cannot be denied and counter affidavits have been called from opposite parties. Therefore, issue notice to all the private opposite parties.

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6. Steps be taken within a week.

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7. Office to proceed accordingly.

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8. All the respondents may file counter affidavit.

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9. List and connect with Writ-A No.4226 of 2024 and other connected matters.

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10. Till the next date of listing, the respondents are directed to pay regular salary to the petitioners from month to month along with arrears since July, 2024.

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11. It is needless to mention that the said payment of salary would be subject to further orders that may be passed in this writ petition as well as Writ-A No. 4226 of 2024".

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Sri Som Kartik has stated that the identical writ petitions are pending consideration before this Court and Writ-A No.4226 of 2024 is the leading writ petition, therefore, he requested that this writ petition may be connected with Writ-A No.4226 of 2024 and since the controversy in question is identical and in same petition the interim order has been granted therefore, the benefit of same interim order may be extended to the present petitioner.

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Matter requires consideration.

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Let a counter affidavit be filed.

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Till the next date of listing, the respondents are directed to pay regular salary to the petitioners from month to month along with arrears since July, 2024.

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It is needless to mention that the said payment of salary would be subject to further orders that may be passed in this writ petition as well as Writ-A No. 4226 of 2024.

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Order Date :- 1.5.2025 Reena/-

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(Rajesh Singh Chauhan,J.)

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Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench

Smt. Krishna Devi Sharma and 10 Others v. State of U.P. Thru. Prin. Secy., Harijan and Social Welfare Deptt. and 4 Others

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Smt. Krishna Devi Sharma and 10 Others v. State of U.P. Thru. Prin. Secy., Harijan and Social Welfare Deptt. and 4 Others

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