Neutral Citation No. - 2025:AHC-LKO:11895 Court No. - 5 Case :- WRIT - A No. - 5725 of 2013 Petitioner :- Krishna Pramod Respondent :- State Of U.P.Thr.Prin.Secy.Basic Education Lucknow And Others Counsel for Petitioner :- Shiwa Kant Tiwari,Pradeep Kumar Shukla,Prafulla Tiwari,Skand Bajpai Counsel for Respondent :- C.S.C.,Net Ram,Sandeep Kumar Yadav Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of respondents No.1 to 3 and Shri Net Ram, learned counsel appearing on behalf of respondents No.4 to 6. 2. The instant petition has been filed praying for a mandamus commanding the respondents to make payment of salary to the petitioner w.e.f. July, 1990 to March, 1995 and further to fix the final pension of the petitioner for which he is entitled to. 3. The facts of the case and the controversy involved in the matter lie in a very narrow compass. 4. The petitioner had been appointed in October 1967 as an Assistant Teacher. In the year 1980, he was promoted as Head Master. He also claims that the selection grade has been paid to him in July 1990. The controversy appears to have arisen when in July 1990, the petitioner was transferred to another Institution but, as per the respondents, he failed to join at the transferred place. The petitioner claims that he could not join at the transferred place as another Head Master was already working to which he had submitted an application in December 1994. 5. Subsequent to the petitioner having submitted his application, he was transferred in another institution and joined in the said institution also. The petitioner retired on attaining the age of superannuation on 30.06.2008. However, as he was not paid salary for the period from July 1990 to March 1995 as well as pension, the instant petition has been filed. 6. The respondents in the counter affidavit and the supplementary counter affidavit have reiterated that despite the petitioner having been transferred to another institution in July 1990, he failed to join and also did not submit any medical certificates indicating his inability to join at the transferred institution and it was only when he submitted an application in December, 1994 then he was transferred to another Institution and he also joined and thereafter, he retired on attaining the age of superannuation on 30.06.2008. 7. 7. Placing reliance on the averments contained in the paragraph 5(d) of the supplementary counter affidavit dated 09.12.2024, the argument of Shri Net Ram is that as the petitioner was absent during the period from November 1990 to February 1995, consequently, till such time the said period is regularized he would not be entitled for any benefits. 8. Having heard the learned counsels for the parties and perused the record, it emerges that the controversy revolves around the period from November 1990 to February 1995. The petitioner claims to have submitted an application in December 1994 indicating his difficulty in not joining at the transferred place to which he had been transferred in the year 1990 which has resulted in another posting order having been passed with respect to the petitioner per which he has joined in February 1995. 9. Be that as it may, the fact of the matter remains that the period from November 1990 to February 1995 is being treated as absence of the petitioner. Nothing precluded or retrained the respondents from regularising the said period either as leave against pay, leave against half-pay, leave without pay, medical leave or extraordinary leave. However, despite the petitioner having retired on 30.06.2008, the respondents have failed to regularize the aforesaid period with the result that the petitioner has not been paid his entire retiral dues despite he having retired way back in the year 2008. 10. Considering the aforesaid, the writ petition is disposed of with a direction to the respondent No.4 i.e. District Basic Education Officer, Lakhimpur Kheri or any other competent authority to consider regularisation of the period of service between November 1990 to February 1995 in accordance with law and the relevant rules by treating the said period either as leave against pay, leave against half-pay, leave without pay, medical leave or extraordinary leave. Let a decision in this regard be taken within a period of six weeks from the date of receipt of a certified copy of this order. 11. In case any document etc. is required in this regard from the petitioner then the competent authority shall issue a notice to the petitioner for the purpose of the same and the petitioner would respond and supply the documents as are required by the competent authority for regularization of the aforesaid period. 12. Subsequent to regularization of the aforesaid period, the retiral dues, if any, would also be paid to the petitioner provided there is no legal impediment. 13. In case the aforesaid period is regularised, the petitioner may file a representation for salary for the said period which representation would be considered in accordance with law. Order Date :- 27.2.2025/S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench