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2025 DAILYLAW 116340 (ALL)

NEERAJ KUMAR (NEERAJ) v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF NAGAR VIKAS AND 4 OTHERS

WRIA/320/2025 · 2025-01-20

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:3636 Court No. - 5 Case :- WRIT - A No. - 320 of 2025 Petitioner :- Neeraj Kumar (Neeraj) Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Nagar Vikas And 4 Others Counsel for Petitioner :- Rakesh Chandra Tewari,Shahjabeen Counsel for Respondent :- C.S.C.,Prem Prakash Singh Hon'ble Abdul Moin,J. 1. Counter affidavit filed on behalf of respondents No.3, 4 & 5 by Shri Prem Prakash Singh is taken on record. 2. Learned counsel for the petitioner states that he does not want to file any reply thereto. 3. The aforesaid statement is recorded. 4. Considering that a short question of law is involved in the matter, the matter is being finally heard and decided. 5. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of respondents No.1 & 2 and Shri Prem Prakash Singh, leraned counsel appearing on behalf of respondents No.3 to 5. 6. At the very outset, learned counsel for the petitioner states that in pursuance to the order of this Court dated 13.01.2025, the petitioner has been permitted to join on a Class IV post on 15.01.2025 and thus, the only thing which remains is the payment of salary from the month of August, 2024 till the joining of the petitioner i.e. till 15.01.2025. 7. Shri Prem Prakash Singh, learned counsel appearing on behalf of respondents No. 3 to 5 states that there were various factors on account of which the petitioner did not join. 8. However, the Court is of the view that a final decision pertaining to the payment of salary of petitioner is to be taken by the competent authority who is said to be the respondent No.4, as such, let a final decision in this regard be taken by the respondent No.4 upon an application for payment of salary being moved by the petitioner. 9. In case such an application is moved then the respondent No.4 shall proceed to decide the same in accordance with law along with the relevant rules and a decision in this regard shall be taken within a period of four weeks from the date of receipt of the said application. 10. With the aforesaid directions, the writ petition stands disposed of. Order Date :- 20.1.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench