Neutral Citation No. - 2025:AHC:93309 Court No. - 38 Case :- WRIT - A No. - 22253 of 2017 Petitioner :- Kamlesh Kumar And Anr. Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Bipin Bihari,Radha Kant Ojha,Rama Shankar Mishra,Shivendu Ojha Counsel for Respondent :- C.S.C.,Rajesh Kumar Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. 2. The writ petition is filed by the petitioners for the following reliefs: "(a) A writ order or direction in the nature of certiorari quashing the impugned order dated 02.05.2017 (Annexure-12 to the writ petition) passed by the District Inspector of Schools, Varanasi, the respondent no.2. (b) A writ order or direction in the nature of mandamus commanding the District Inspector of Schools, Varanasi, the respondent no.2, to release salary of the petitioners from 20.04.1999 to 12.06.2001." 3. Learned counsel for the petitioners has submitted that the impugned order dated 02.05.2017 rejecting the claim of the petitioners for salary from 20.04.1999 to 12.06.2001 on the ground of long lapse of time is baseless and contrary to the provisions of Section 3 of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "the Act"). 4. The petitioners were appointed as Class-IV employees by following the procedure contemplated under the Rules on 15.04.1999 and they joined in the said post on 20.04.1999. From the said date, they have been working in the 3rd respondent - Institution. Despite the appointment, the respondents have not released salary to the petitioners. Hence, the petitioners have approached this Court by way of filing Civil Misc. Writ Petition No.4900 of 2000. Subsequently, the 4th respondent has requested the 2nd respondent for release of salary to the petitioners vide letters dated 19.09.2000 and 07.02.2001. In reply to the said letters, the 2nd respondent has requested the 4th respondent vide letter dated 13.06.2001 stating therein that if the petitioners withdraw Civil Misc. Writ Petition No.4900 of 2000, their appointments would be approved and salary would be released to them. 5. On request of the 4th respondent based on the letter issued by the 2nd respondent on 13.06.2001, the petitioners have filed withdrawal application. Accordingly, Civil Misc. Writ Petition No.4900 of 2000 was dismissed as withdrawn on 16.04.2002. 6. Surprisingly, the respondents have approved appointment and released salary to the petitioners from 12.06.2001 but they have denied payment of salary to the petitioners from the date of initial appointment i.e. 20.04.1999 to 12.06.2001. After several representations, the respondents have rejected the claim of the petitioners vide impugned order dated 02.05.2017 wherein rejection of claim has been made only on the ground that due to a long interval from 2001 till passing of the orders, the amendment to the approval of appointment is not possible. Hence the respondents have rejected the claim of the petitioners vide impugned order dated 02.05.2017. Hence this petition. 7. Learned counsel for the 3rd respondent has submitted that the petitioners have been appointed as Class-IV employees pursuant to the selection process on 15.04.1999 and they joined on 20.04.1999. Despite repeated requests, the 2nd respondent have not released salary. The said facts are forthcoming in letters dated 19.09.2000 as well as 07.02.2001. 8. Considering the rival submissions made by learned counsel for the parties and also on perusal of Section 3 of the Act, the present writ petition is disposed of by setting aside the order dated 02.05.2017 passed by the 2nd respondent to consider the case of the petitioners afresh as per Section 3 of the Act and pass appropriate orders within a period of two months from the date of receipt of the copy of this order. Order Date :- 30.5.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad