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2025 DAILYLAW 10150 (ALL)

SRI KISHUN YADAV v. D.I.O.S.

WRIA/13910/1993 · 2025-05-21

Donadi Ramesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:87110 Court No. - 38 Case :- WRIT - A No. - 13910 of 1993 Petitioner :- Sri Kishun Yadav Respondent :- D.I.O.S. Counsel for Petitioner :- A.K. Singh,Awadhesh Rai,Vinay Kumar Mishra,Vinod Kumar Singh Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present writ petition is filed for quashing the order dated 19.3.1993 passed by respondent no. 1 with a further request not to interfere with the working of the petitioner as Class-IV employee. 3. Petitioner was appointed as Class-IV employee in the fourth respondent's institution in the year 1975 and subsequently, the District Inspector of Schools also approved the appointment of the petitioner and salaries were also released. 4. But surprisingly in the year 1991, Deputy Director of Education passed an order holding that the salaries were paid illegally. Subsequently, based on the directions issued by the Deputy Director of Education, the District Inspector of Schools passed an order on 19.3.1993 holding that financial approval accorded to the petitioner was irregular and stopped the payment of salaries. Questioning the said order, present writ petition has been filed. 5. Considering the submission, this Court has passed the following interim order on 23.4.1993: " पततपकक सस. 1 व 2 कक ओर सस सथथयक अधधवकथ महहदय एक मथह कस अनदर पततशपथ- पत दथधखल करर। पततपकक सस. 3 व 4 कह तदनथनक 03.8.93 कस धलए नहतटस भसजथ जथए। यथतचकथ तदनथनक 3.8.93 कह ससचकबद हह। सथधथरण पतकयथ कस अततररक यथचक वयतकगत रप सस भक पततपकक सस. 3 व 4 पर नहतटस तथमकल करर और उक आशय कथ शपथ- पत इस नयथयथलय मर दह सपथह कस अनदर दथधखल करर। कथयथरलय आवशयक नहतटस यथचक कह तकन तदन कस अनदर उपलबध करथयस। अतगम आदसशश तक आदसश तदनथनक 19.3.93 । ससलगक-12 । तथथ आदसश तदनथनक 2-4-93 । ससलगक-13 । कथ तकयथनवयन सथतगत रहसगथ। " 6. Learned counsel for the petitioner has submitted that by virtue of the interim order the petitioner has continued in service and after attaining the age of superannuation, he was retired in the year 2017 but the post retiral benefits have not been released to him only on the ground of pendency of the writ petition. 7. Though, respondents have filed the counter affidavit but they have not denied the continuation of the petitioner in service by virtue of the interim order granted by this Court. 8. In these circumstances, without going into the merits of the case as the petitioner has continued and completed his services and retired from the said post after attaining the age of superannuation, this writ petition is disposed of directing the respondents to release all retiral dues, within a period of three months from the date of receipt of certified copy of this order. Order Date :- 22.5.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad