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2025 DAILYLAW 135508 (ALL)

VIRENDRA BAHADUR SINGH v. STATE OF U.P.THBROUGH SECY SECOND. EDUCATION

WRIA/832/2006 · 2025-03-25

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17064 Court No. - 3 Case :- WRIT - A No. - 832 of 2006 Petitioner :- Virendra Bahadur Singh Respondent :- State Of U.P.Thbrough Secy Second. Education Counsel for Petitioner :- Har Govind Singh Parihar,Meenakshi Singh,Om Prakash Mani Tripathi Counsel for Respondent :- C.S.C,Diwaker Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. This Court has granted interim order dated 08.02.2006, which reads as under:- "Addl. C.S.C. has accepted notice on behalf of opposite party nos. 1, 2 and 4. Notice will go to opposite party no.5. Counter affidavit, if any, may be filed within six weeks. It was argued by the learned counsel appearing on behalf of the petitioner that on the basis of advertisement, the petitioner was selected and appointed on the post of Asstt. Teacher L.T. Grade in the year 1993 and since then he is continuing on his post, but he has not been paid salary on the basis of Government order, copy of which has been filed as Annexure No. 10 of this writ petition. It was argued that this Government Order has been quashed in the case of Km. Prabhabati Dikshit vs. U.P. Madhyamik Shiksha Sewa Ayog, Allahabad, reported in 1992 (1), UPLBEC 582. Looking into the above facts as an interim measure, it is provided that opposite parties will pay the current salary of the petitioner month to month regularly." 3. Learned counsel for the petitioner has submitted that in terms of the aforesaid interim order, the petitioner is regularly discharging his duties and getting salary. The petitioner is to retire on 31.03.2025, therefore, he has requested that this writ petition may be decided in terms of the aforesaid interim order. 4. Since the petitioner is to retire on 31.03.2025 and he is getting his salary in terms of interim order dated 08.02.2006, therefore, this writ petition is disposed of in terms of the aforesaid interim order. 5. So far as arrears of salary prior to the interim order dated 08.02.2006 is concerned, the petitioner may approach the District Inspector of Schools, Basti, who may pass appropriate order strictly in accordance with law. 6. For the request claiming arrears of salary prior to the interim order dated 08.02.2006, it is made clear that I have not entered into merits of the issue on that part, therefore, the District Inspector of Schools concerned shall pass independent order strictly in accordance with law. [Rajesh Singh Chauhan,J.] Order Date :- 25.3.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench