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2025 DAILYLAW 148550 (ALL)

MENKA v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF SECONDARY EDU. LKO. AND 6 OTHERS

WRIA/5312/2022 · 2025-04-15

Rajesh Singh Chauhan

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21221 Court No. - 3 Case :- WRIT - A No. - 5312 of 2022 Petitioner :- Menka Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Secondary Edu. Lko. And 6 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the parties. 2. Attention has been drawn towards the order dated 19.9.2022 passed by this Court in Writ-A No. 5553 of 2022 : Rajesh Kumar vs. State of U.P. and others which reads as under : "Heard. On 31.08.2022 the following order was passed:- "Learned counsel for the petitioner has submitted that the father of the petitioner was working as a peon in the Patel Smarak Inter Colege, Mallawana Hardoi, which is in the grand in aid list. The father of the petitioner has expired during his service tenure on 12.09.2012 and he was not paid salary so, prayer has been made in the petition to direct the respondents to pay the salary from 01.12.1998 to June 2004 and arrears of salary from July, 2004 to November, 2004 alongwith interest. It is further submitted that after demise of his father, he has made several representations for the payment of arrears of salary. It is further submitted that despite the letter dated 19.03.2021 written by District Inspector of Schools, Hardoi to the Joint Director Education (Secondary) IVth Region, Lucknow recommending for payment of arrears but till date the same has not been paid. Learned Standing Counsel prays for and is granted two weeks' time to seek instructions in the matter. List this case on 19.09.2022, as fresh." Shri Gyanendra Srivastava, learned Standing Counsel informs the Court that the D.I.O.S. has forwarded the matter to the Joint Director Education (Secondary) who in turn shall forward the same to the Director Education (Secondary) Uttar pradesh, Lucknow, as, certain queries were made by the Director and at that level the decision shall be taken. In view of the above, the writ petition is disposed of with a direction to the opposite parties no. 3 and 4 to look into the matter and if it is to be forwarded to the opposite party no. 3, then, he shall do the needful. Thereafter, the Director i.e. opposite party no. 3 shall take a decision within the next six weeks. The payment, if any, payable to be petitioner shall be released in his favour with a period of six weeks thereafter. With the aforesaid observations/ directions, the writ petition is finally disposed of." 3. Learned counsel for the petitioner has requested that the order in re: Rajesh Kumar (supra) is related to the same institution and the period related to the dues is also similar, therefore, this petition may be decided in terms of aforesaid order and direction may be issued to opposite parties no. 3 and 4 to look into the matter and if it is to be forwarded to the opposite party no. 3 then he shall do the needful. Thereafter the opposite party no. 3 may take appropriate decision. 4. Learned counsel for the parties have no objection, if the same order is passed. 5. Considering the aforesaid submission this writ petition is disposed of finally with the direction to the opposite parties no. 3 and 4 to look into the matter and if it is to be forwarded to the opposite party no. 3, then, he shall do the needful. Thereafter, the Director i.e. opposite party no. 3 shall take a decision within the next six weeks. 6. The payment, if any, payable to the petitioner shall be released in his favour within a period of six weeks thereafter. Order Date :- 15.4.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench