Neutral Citation No. - 2025:AHC-LKO:8791 Court No. - 5 Case :- WRIT - A No. - 15835 of 2020 Petitioner :- Sarita Saroj Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. And Ors. Counsel for Petitioner :- Somesh Tripathi,Alok Kumar Tripathi,Amrendra Nath Tripathi Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner as well as learned Standing counsel appearing on behalf of the respondents. 2. With the consent of the parties concerned, the matter is being finally decided. 3. Shri Amrendra Nath Tripathi, learned counsel for the petitioner states that subsequent to filing of the writ petition, whereby he has challenged the order dated 16.10.2017, the petitioner has been permitted to join on the post of Assistant Teacher and thus, the only question that now remains in the petition is the payment of current salary and the salary for the period she was not permitted to work. 4. It is also contended that the District Inspector of Schools, Lucknow has passed the order dated 23.06.2023, a copy of which is annexure RA-8 to the rejoinder affidavit, whereby after examining the case of the petitioner and others, it has been decided to pay their current salary and that there continuance would be subject to the inquiry being conducted under Section 16E(10) of the Intermediate Education Act, 1921 (hereinafter referred to as "Act, 1921") and the final decision taken in this regard. 5. Considering the aforesaid, more particularly when the District Inspector of Schools, Lucknow has himself opined for payment of salary of the petitioner which would be subject to the decision of the inquiry pending under the provisions of the Act, 1921, consequently, there cannot be any occasion for the respondents to not pay salary to the petitioner once an order to that effect has already been passed. 6. Further a perusal of the order dated 23.06.2023 indicates that payment of salary is being granted with effect from the date of order of the Committee i.e. 08.06.2023, as such, it is provided that in case the inquiry under the provisions of the Act, 1921 is in favour of the petitioner then she would also be entitled for payment of salary in accordance with law with effect from the date of her appointment provided there is no legal impediment. 7. In view of the above, the writ petition is disposed of. The District Inspector of Schools, Lucknow shall ensure the payment of salary to the petitioner subject to the inquiry pending under the Act, 1921 and the final decision taken in this regard. 8. It is needless to mention that in case the inquiry is against the petitioner, it would be open to the competent authority to take action in accordance with law. 9. It would be open to the petitioner to approach this Court again in case any order adverse to her is passed. Order Date :- 11.2.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench