Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 116992 (ALL)

JAGANNATH PRASAD v. STATE OF U.P. THRU. SECY. SECONDARY EDUCATION GOVT. OF U.P. AND 3 OTHERS

WRIA/459/2025 · 2025-01-20

Abdul Moin

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:3208 Court No. - 5 Case :- WRIT - A No. - 459 of 2025 Petitioner :- Jagannath Prasad Respondent :- State Of U.P. Thru. Secy. Secondary Education Govt. Of U.P. And 3 Others Counsel for Petitioner :- Vijay Kumar Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner and Shri P.K. Singh, learned Additional Chief Standing Counsel for the State. Vakalatnama and Short counter affidavit filed by Shri Rakesh Kumar Singh, Advocate on behalf of respondents No.3 and 4 are taken on record. 2. Learned counsel for the petitioner does not intend to file any reply to the short counter affidavit filed on behalf of respondents No.3 and 4. 3. With the consent of the parties, the matter is being decided finally. 4. Under challenge are the orders dated 30.09.2024 and 31.07.2024, copies of which are Annexures-1 & 2 to the petition, passed by respondent No.4. Vide the order dated 30.09.2024, service of the petitioner, who is working as a Teacher in respondent No.4 Institution has been terminated. Vide the order dated 31.07.2024, the petitioner has been placed under suspension. 5. Shri Rakesh Kumar Singh, learned counsel appearing for respondents No.3 & 4 states that subsequent to the aforesaid orders, an order dated 30.12.2024, a copy of which is Annexure SCA-6 to the short counter affidavit, has been passed by the District Inspectors of Schools whereby the petitioner has been transferred from respondent No.4-Institution to another institution. 6. Learned counsel for the petitioner states that in pursuance to the aforesaid order, he has already joined in the new institution. 7. Shri P.K. Singh, learned Additional Chief Standing Counsel points out that despite the suspension order dated 31.07.2024 that had been passed by respondent No.4 the same has not been approved by the D.I.O.S. Further, subsequent to the termination order dated 30.09.2024 no approval has been granted to the said termination order also by the D.I.O.S. and the petitioner also stands transferred, as an interim measure, vide order dated 30.12.2024 to a new institution. 8. Considering the aforesaid only thing that now remains is the claim of the petitioner for grant of salary for the period of suspension since 31.07.2024 till passing of the transfer order dated 30.12.2024. 9. In this regard, the D.I.O.S., Hardoi is directed to look into the matter regarding the claim of the petitioner for payment of salary in accordance with the rules. Let such consideration be done within a period of 6 weeks from the date of receipt of a certified copy of this order. 10. With the aforesaid, the writ petition stands disposed of. Order Date :- 20.1.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench