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Allahabad High Court · body

2025 DAILYLAW 134917 (ALL)

AKHILESH KUMAR SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. LKO. AND 3 OTHERS

WRIA/4391/2025 · 2025-07-03

Abdul Moin

body2025

Judgment text

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Court No. - 5 Case :- WRIT - A No. - 4391 of 2025 Petitioner :- Akhilesh Kumar Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Girish Chandra Verma,Anoop Verma,Raman Kumar Counsel for Respondent :- C.S.C. and Case :- WRIT - A No. - 5282 of 2025 Petitioner :- Mohd. Akaram Ansari Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 3 Others Counsel for Petitioner :- Girish Chandra Verma,Anoop Verma,Raman Kumar Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Short counter affidavit today in Court on behalf of the respondents no. 1 to 3 and counter affidavit filed on behalf of the respondent no. 4 are taken on record. 2. Learned counsel for the petitioners states that he does not intend to file the rejoinder affidavit to the affidavits filed on behalf of the respondents. 3. Supplementary affidavit filed today by the learned counsel for the petitioners be also kept on record. 4. Heard Sri G.C.Verma, learned counsel for the petitioners, Sri Nitin Mathur, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 to 3 and Sri Sanjeev Kumar Pandey, learned counsel for the respondent no. 4. 5. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 6. Learned counsel for the petitioners contends that the issue involved in both the writ petitions are the same. As such, the Court proceeds to hear all the writ petitions together. For the sake of convenience, the facts of WRIT - A No. - 4391 of 2025 are being taken. 7. Instant writ petition has been filed praying for a mandamus commanding the respondents no. 1 to 3 to make payment of salary to the petitioners regularly every month along with arrears of salary. 8. Contention of learned counsel for the petitioners is that despite the petitioners having been appointed in the year 2011 and the approval having been granted yet their salary is not being paid since the year 2016. 9. Sri Nitin Mathur, learned Additional Chief Standing counsel states that as soon as the petitioners submit their original documents for the purpose of verification through the committee of management then their claim for payment of salary shall be processed by the competent authority. The aforesaid statement is recorded. 10. Sri G.C.Verma, learned counsel for the petitioners states that original documents shall be submitted through the committee of management within three days and thereafter the management shall forward the said papers to the competent authority who is said to be the Basic Shiksha Adhikari within a week thereafter as stated by Sri Sanjeev Kumar Pandey, learned counsel for the respondent no. 4 and thereafter the competent authority shall process the claim of the petitioners for payment of salary since 19.12.2016 in accordance with law and the relevant rules which decision would be taken within a period of four weeks from the date the said papers are received from the committee of management. 11. The writ petition is disposed of. 12. Needless to mention that in case the decision is in favour of the petitioners for payment of salary then the salary shall be paid. Order Date :- 3.7.2025/Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench