Neutral Citation No. - 2025:AHC-LKO:28668 Court No. - 28 Case :- WRIT - A No. - 2001786 of 2005 Petitioner :- Dr Surendra Pratap Narayan Mishra Respondent :- State Of U.P. Thru Secreatry Higher Education And 4 Ors . Counsel for Petitioner :- G C Verma Counsel for Respondent :- C S C Hon'ble Brij Raj Singh,J. 1. Heard Shri G.C. Verma along with Shri Abhishek Pandey, learned counsel for the petitioner as well as learned Standing Counsel appearing for the State-opposite parties and perused the record. 2. Present writ petition has been filed with the prayer to direct the opposite parties to pay salary to the petitioner regularly in the pay scale of Rs.8,000-13,500/- w.e.f. 01.07.2001 and further to direct the opposite parties to pay salary in the pay scale of Rs.10,000-15,200/- since May, 2004, which has been fixed by the State Government for the post of Principal. 3. Learned counsel for the petitioner submits that the issue involved in this case has already been settled by this Court vide order dated 16.04.2019 passed in Writ Petition No.3644 (S/S) of 2004, but the said order was challenged before a Division Bench of this Court by filing Special Appeal Defective No.518 of 2019, however, the aforesaid special appeal was dismissed vide order dated 14.11.2019. It is also submitted that the order dated 14.11.2019 passed in aforesaid special appeal has been challenged before Hon'ble Supreme Court by filing Special Leave to Appeal (C) No(s).8785 of 2020, which was also dismissed vide order dated 05.11.2020. 4. It is further submitted that this Court vide order dated 09.11.2005 has passed an interim order in favour of the petitioner, which is quoted below: "Heard learned counsel for the petitioner and learned counsel for the State. The interim relief is being prayed for on the ground that the petitioner has been allowed to work as officiating Principal since the year 2001 but till date, he has not been paid salary of the Principal's grade. We, therefore, provide as an interim measure that in case the petitioner is officiating as Principal, he shall be paid his salary in Principal's grade with effect from the current month. The arrears of salary in that grade shall also be paid to the petitioner within a maximum period of two months from the date of receipt of certified copy of this order, unless there is some legal impediment in doing so. This order has been passed without prejudice to the rights of either of the parties in the writ petition." 5. It is also submitted that the benefit of order 16.04.2019 passed in Writ Petition No.3644 (S/S) of 2004 may also be extended to the petitioner as he has now retired from service. 6. Learned Standing Counsel appearing for the State has no objection if the benefit of order 16.04.2019 passed in Writ Petition No.3644 (S/S) of 2004 is given to the petitioner. 7. Having heard learned counsel for the parties and having gone through the record, this Court is of the considered view that the petitioner is also entitled for the benefit of order dated 16.04.2019 passed in Writ Petition No.3644 (S/S) of 2004. 8. Accordingly the writ petition is allowed in terms of the order dated 16.04.2019 passed in Writ Petition No.3644 (S/S) of 2004. (Brij Raj Singh,J.) Order Date :- 15.5.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench