UMAPATI PANDEY v. STATE OF U.P. THRU. ADDL.CHIEF SECY.SECONDARY EDUCATION andORS
WRIA/23645/2021 · 2025-03-07
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142067 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142067 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:14188 Court No. - 5 Case :- WRIT - A No. - 23645 of 2021 Petitioner :- Umapati Pandey Respondent :- State Of U.P. Thru. Addl.Chief Secy.Secondary Education Andors Counsel for Petitioner :- Abhishek Singh,Vyomesh Chandra Shukla Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents no. 1 to 7. 2. The instant writ petition has been filed praying for a writ of mandamus commanding the respondents to pay arrears of salary for the period of 31.03.1998 to January 2010 amounting to Rs 9,75,148/- along with interest. 3. The contention of learned counsel for the petitioner is that the petitioner was initially appointed in the year 1983 as Clerk in the respondent no.8 institution. His appointment was duly approved however he has not been paid salary for the aforesaid period i.e. from 31.03.1998 to January 2010 and subsequently the petitioner retired on attaining the age of superannuation on
30.06.2020. 4. Learned counsel for the petitioner contends that this Court had required the respondents to file a counter affidavit. The counter affidavit filed on behalf of respondents categorically indicates in paragraph 6 that the Joint Director of Education, Ayodhya Region, Ayodhya i.e. respondent no. 3 had passed a payment order dated 03.03.2010 by considering the date of appointment of the petitioner and also the date of approval and also the actual date of holding the charge in his office and has forwarded a letter dated 27.02.2016 to the respondent no. 5 i.e. the Finance Controller (Secondary) Allahabad to which an objection had been raised by the respondent no. 5. Subsequent
thereto the reply to the objection had also been sent vide the letter dated 27.10.2017 and 29.10.2017 and a demand letter dated 07.07.2023 has also been sent by the respondent no. 6 i.e. DIOS, Ayodhya for payment of arrears of Rs 9,75,148/- but still payment has not been made. 5.
Considering the aforesaid fact more particularly when the concerned respondents have already sent letters for payment of dues to the petitioner and in the counter affidavit filed by the respondents no sufficient grounds emerge as to why the aforesaid payment has not been made, accordingly, the writ petition is disposed of with a direction to the respondents to ensure payment of dues which are said to be Rs 9,75,148/- as per the averments made in paragraph 6 of the counter affidavit. 6. Let the aforesaid payment be made within a period of six weeks from the date of receipt of a certified copy of this order provided there is no legal impediment. 7. As the respondents have not paid the aforesaid amount for substantial period of time as such while making payment of the said amount the respondents shall also consider payment of interest on the aforesaid amount to the petitioner. Order Date :- 7.3.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench