Neutral Citation No. - 2025:AHC:41094 Court No. - 6 Case :- WRIT - A No. - 19733 of 2024 Petitioner :- Waheed Khan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mayank Upadhyay Counsel for Respondent :- C.S.C.,Sant Ram Sharma Hon'ble Saurabh Shyam Shamshery,J. 1. This Court passed the following order on 11.12.2024:- "A supplementary affidavit has been filed today in Court. It is taken on record. Let it be numbered by the Office. The petitioner has been regularized on the post of a Chowkidar-cum-Peon vide order dated 01.04.2017 passed by the Executive Officer, Nagar Panchayat Bisanda, District Banda. The grievance of the petitioner is that he is not being paid his salary since 01.04.2017, that is to say, the date of his regularization and claims the entire salary together with arrears. Issue notice. Notice on behalf of respondent nos. 1, 2 and 3 is accepted by Mr. Roopesh Tiwari, learned Standing Counsel and that on behalf of respondent nos. 4 and 5 by Mr. Sant Ram Sharma, learned Counsel. Both the learned Counsel are granted two weeks' time to file a counter affidavit. Apart from counter affidavits to be filed generally answering the writ petition, let the Executive Officer, Nagar Panchayat Bisanda, District Banda file his own affidavit showing cause why despite regularization vide order dated 01.04.2017 passed by him, the petitioner is not being paid his salary. Lay as fresh 06.01.2025 along with a report regarding status of pleadings. Let this order be communicated to the Executive Officer, Nagar Panchayat Bisanda, District Banda through the Chief Judicial Magistrate, Banda by the Registrar (Compliance) within 48 hours." 2. This Court passed the following order on 15.01.2025:- "Shri Mayank Upadhyay, learned counsel for the petitioner is permitted to implead Commissioner, Chitrakoot Dham Mandal as co-respondent no. 6 in the array of parties during the course of the day. The petitioner claims that he was regularized in the year 2017. The regularization order has not been recalled till date. The petitioner has not been paid his salary since the date of his regularization. He is being made run from pillar to post. Commissioner, Chitrakoot Dham Mandal and Executive Officer, Nagar Panchayat, Bisanda district Banda shall file their counter affidavits which will address the said issue as well before the next date of listing. Put up this case on 17.02.2025 in the list of fresh cases." 2. Heard Mr. Mohd Ismail Khan, Advocate holding brief of Shri Mayank Upadhyay, learned counsel for the petitioner, Mr Sant Ram Sharma, learned counsel for opposite party no.5 and perused the record. 3. Mr. Mohd Ismail Khan, Advocate appearing on behalf of petitioner has reiterated the submission recorded in above orders. 4. Mr Sant Ram Sharma, learned counsel for opposite party no.5, on basis of counter affidavit, submits that inquiry is pending, however, he has not disputed that till date no adverse order has been passed. 5. In the aforesaid circumstances, since there is no adverse order against the petitioner and order of regularization is also still in existence, therefore, there is no reason to stop his salary. 6. Accordingly, this writ petition is disposed of with an observation that the petitioner be granted salary on monthly basis. The inquiry, if any is pending, be concluded expeditiously in accordance with law. Order Date :- 20.3.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad