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2025 DAILYLAW 11863 (ALL)

RAM AVTAR PRAJAPATI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIA/1073/2025 · 2025-01-27

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13440 Court No. - 7 Case :- WRIT - A No. - 1073 of 2025 Petitioner :- Ram Avtar Prajapati And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Ali Ausaf Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the respondent-State. 2. The petitioners have preferred the present writ petition inter-alia with the following prayer:- "(a) Issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to forthwith release the budget for payment of arrears of salary of the petitioners as demanded by the then District Minority Welfare Officer, Varanasi vide letter dated 25.7.2023; (b) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to make the payment of arrears of salary of the petitioners forthwith which is due w.e.f February, 2020 to 19th July, 2022 as recommended by the District Minority Welfare Officer vide letter dated 25.7.2023." 3. It is argued by learned counsel for the petitioners that services of the petitioners were terminated by the respondent no.3 namely Director, Uttar Pradesh Madarsa Vocational Training (UPMVT), Lucknow vide its order dated 29.06.2020. The aforesaid order was set aside by the respondent no.3 vide its order dated 28.12.2020. Against the aforesaid order Writ C No.1454 of 2021 was filed by the Committee of Management of the institution in question before this Court in which no interim order was granted. Pursuant to the aforesaid order dated 28.12.2020 passed by the respondent no.3 petitioners were permitted to join their duties w.e.f. 20.07.2022. Once the order of termination dated 29.06.2020 was set aside vide order dated 28.12.l2020, the petitioners became entitled for their joining immediately in terms of the order dated 28.12.2020 but wholly illegally without any lawful basis they were not permitted to join their respective posts till 19.07.2022. It is further argued that petitioners became entitled for the arrears of salary for the aforesaid period. Counsel for the petitioners also placed reliance upon a letter dated July 05, 2023 written by the Finance and Accounts Officer in the office of Director, Minority Welfare, U.P., Lucknow to the District Minority Welfare Officer, Varanasi, copy of which is appended as annexure-7 to the writ petition. It is further argued that for the purpose of payment of arrears time and again letters were written but the same has not been paid hence present writ petition. 4. On the other hand it is argued by learned Standing Counsel appearing on behalf of respondent-State that respondent no.2 will take a decision in the matter expeditiously. 5. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage itself. 6. In the facts and circumstances of the case, petitioners are permitted to submit a fresh representation ventilating all their grievances before the respondent no.2-Director, Minority Welfare, U.P., Lucknow along-with certified copy of this order within a period of two weeks from today. If such a representation is made, the respondent no.2 is directed to pass appropriate order in accordance with law within a further period of four weeks. 7. Needless to say that in case petitioners are found entitled for the salary for the aforesaid period, the same shall be paid to them within a period of six weeks, thereafter. 8. With the aforesaid observations, present writ petition is disposed of finally. Order Date :- 27.1.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad