Dismissed

Devendra Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. and 5 Others

Allahabad HC5 Mar 2025WRIA/855/2024

Case brief

AI extract

What is this about?

A terminated Assistant Teacher, whose termination was declared illegal by an appellate court decree and whose second appeal was dismissed in default, sought arrears of salary through writ petitions. The court held he had an efficacious remedy of execution and dismissed both petitions.

What the court decided

AI extract

Devendra Kumar Tripathi Vs State of U.P. Thru… — Service and Employment | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:13473

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Court No. - 5

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Case :- WRIT - A No. - 855 of 2024 Petitioner :- Devendra Kumar Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. And 5 Others Counsel for Petitioner :- Krishna Madhav Shukla Counsel for Respondent :- C.S.C.

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alongwith

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Case :- WRIT - A No. - 9546 of 2023 Petitioner :- Devendra Kumar Tripathi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary. Edu. Lko And 5 Others Counsel for Petitioner :- Krishna Madhav Shukla Counsel for Respondent :- C.S.C.

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Hon'ble Abdul Moin,J.

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Heard.

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Learned counsel for the petitioner contends that the issue involved in WRIT - A No. - 855 of 2024 and WRIT - A No. - 9546 of 2023 are the same. As such, the Court proceeds to hear both the writ petitions together. For convenience, facts of WRIT - A No. - 855 of 2024 are being taken.

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Under challenge is the order dated 23.01.2024, a copy of which is annexure 1 to the writ petition, whereby the claim of the petitioner has been rejected. Further prayer is for a writ of mandamus commanding the respondents to pay arrears of salary to the petitioner with effect from 01.01.1980 to 30.06.2010 with all consequential benefits.

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Bereft of unnecessary details the facts of the case are that the petitioner was working as Assistant Teacher in the Adarsh Sanskrit Madhyamik Vidyalaya when his service was terminated. Being aggrieved by the termination order, the petitioner filed Regular Suit No. 60 of 1983. The suit was dismissed vide judgement and decree dated 12.09.1990. Being aggrieved the petitioner filed the Civil Appeal No 36 of 1990.

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Learned appellate court vide judgement and decree dated 13.10.1993, a copy of which is annexure 3 to the writ petition, allowed the appeal. The judgement and decree dated 12.08.1990 was set aside, the petitioners' suit for declaration was decreed and it was declared that the termination of the petitioner is illegal and thereafter he continues in service as Assistant Teacher of the Adarsh Sanskrit Madhyamik Vidyalaya with all benefits and is also due to be confirmed with effect from 20.05.1998. The second appeal filed by the institution was dismissed in default on 22.02.2019, a copy of which is annexure 4 to the writ petition.

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Learned counsel for the petitioner states that the second appeal has still not been restored and thus the judgement dated 13.10.1993 has attained finality.

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It is contended that as the appellate court has also decreed that the termination of the petitioner is illegal and he continued as Assistant Teacher in the institution with all benefits consequently he is also entitled for being paid the salary with effect from the date of termination till 30.06.2010 i.e. the date of his reinstatement will all consequential benefits.

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From perusal of record it emerges that the petitioner in effect wants execution of the judgement dated 13.10.1993 passed by the learned appellate court.

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The petitioner has an efficacious remedy of filing of execution and the writ court is not expected to execute the order passed by learned civil court.

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Considering the aforesaid, no case for interference is made out. Accordingly, the writ petition is dismissed.

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Order Date :- 5.3.2025/J. K. Dinkar

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Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench

Devendra Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. and 5 Others

Case brief

What is this about?

What the court decided

Devendra Kumar Tripathi v. State of U.P. Thru. Addl. Chief Secy. Secondary Education Lko. and 5 Others

Case brief

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What the court decided

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