Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10560 (ALL)

RAM JATAN AND ANOTHER v. STATE OF U.P. AND OTHERS

WRIA/3508/2008 · 2025-07-21

Donadi Ramesh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:118779 Court No. - 38 Case :- WRIT - A No. - 3508 of 2008 Petitioner :- Ram Jatan And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Moti Lal,Durga Tiwari Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed questioning the order dated 10.10.2007 passed by the first- respondent rejecting the claim of the petitioners on the ground of not having substantial sanctioned posts. In fact the said orders were kept in abeyance by this Court vide order dated 19.11.2007. In pursuance of the interim order, the petitioners have continued to work on the said posts. Despite, the interim order, though, the petitioners were continued to work but no salaries have been released. 2. Learned counsel for the petitioner has submitted that subsequently in Special Appeal No.59 of 2010 vide order dated 07.01.2014 this Court has set aside the Government Order dated 27.07.2007, wherein rejecting the salaries/ claim to 14 teachers including the petitioner with the following observations:- "11. All the Special Appeals are consequently allowed. The judgment of learned Single Judge dated 4.12.2009, in so far as it upholds the Government Order dated 27.7.2007 in cancelling both the Government Orders dated 24.2.2003 and 17.2.2004, is set aside. For the reasons stated we find that under the Government Order dated 24.2.2013, by which directions were issued for payment of salary of those teachers, who were appointed on the sanctioned posts and in respect of whom the financial approval were given, the petitioners are entitled to continue and for payment of their salary. 12. We further find it appropriate to direct that in case the 14 teachers in respect of whom the Government Order dated 17.2.2004 was set aside, and who have been directed to be adjusted in some other Colleges in the district, may approach the State Government with detailed facts with regard to the availability of the sanctioned posts in their own Colleges. The State Government will consider their representations by reasoned orders in accordance with law. The consequential orders both with regard to the appointments as well as salaries of the teachers, who were covered by the Government order dated 24.2.2003, shall be issued within a month. The teachers included in the Government Order dated 24.2.2003 shall be paid arrears of salaries, subject to verification that they have been teaching in the College. Such verification may be made within a month. After the verification they will be allowed to draw their salaries in accordance with the rules applicable for payment of salary." 3. In view of the above observations of the Division bench as the petitioners are squarely covered in the said order and are also entitled for the same relief. 4. Considering the submissions made by learned counsel for the petitioners and also the order passed by this Court on 19.11.2007, this writ petition is also disposed of, in the same lights. Order Date :- 22.7.2025 AdityaG Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad