HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 28684 of 2002 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. Heard Shri Rajnish Kumar Srivastava, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition is filed for the following relief:- "i) Issue a writ, order or direction in the nature of mandamus directing the respondents to make payment of salary alongwith arrears with interest since the date of his joining till the making of the payment to the petitioner. ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to make payment of the current salary as and when it falls due months to month to the petitioner." 3. As the respondents have not released the salaries consequent to the appointment of the petitioner, therefore, the petitioner has approached this Court by filing Writ Petition No.22595 of 1999 and the said writ petition was disposed of vide order dated 27.05.1999 directing the respondents to consider and pass appropriate orders. Considering the above said directions, after perusal of the records an order was passed on 08.12.1999 that the appointment is in accordance with Rules and the petitioner is entitled for salary. Despite the said orders, the respondents have not released the salaries to the petitioner, therefore, he was constrained to file the present writ petition. 4. Considering the submissions made by learned counsel for the petitioner and based on the record this Court has passed the interim directions on 23.07.2002, the operative portion reads as follows:- Versus Counsel for Petitioner(s) : Rajnish Kumar Srivastava, Tej Bhanu Pandey, Vidyadhar Yadav, Vimal Kumar Counsel for Respondent(s) : Udai Raj Misra .....Petitioner(s) State Of U.P. Thru Director Of Education And Others .....Respondent(s) "Interim mandamus is issued to the respondents to pay salary to the petitioner within a period of two months from the date a certified copy of the order is produced before respondent no.5 or show cause by filing counter affidavit within the said period." 5. While pending the writ petition, based on the directions of this Court the District Inspector of Schools, Janupur has forwarded the financial approval before the Joint Director of Education and thereafter, respondent no.5 has passed an order on 13.11.2014 for payment of salary to the petitioner during pendency of the present writ petition. 6. Further, the respondents have also made an averment that they are paying the salaries to the petitioner in compliance to the above said directions in the writ petition. 7. In reply to the said, learned counsel for the petitioner has submitted that though, they have approved the appointment of the petitioner based on the order issued by this Court on 27.05.2002 and also the petitioner is entitled for salaries vide order dated 08.12.1999. Admittedly the respondents have not paid the salary to the petitioner and in fact as per the averment made in the counter affidavit the respondents while implementing the order dated 23.07.2002 in the present writ petition, they have passed an order granting financial approval only on 13.11.2014 and henceforth, they have released the salaries to the petitioner. Once the petitioner appointment was held legal and as per the Rules the respondents ought to have released the salaries from the date of appointment, hence, learned counsel for the petitioner has requested mandamus to be issued to the respondents to release the arrears of salary from the date of appointment till 13.11.2014. 8. Further, he has also submitted that consequently after attaining the age of superannuation the petitioner has also retired on 31.03.2019 and the respondents shall also have to released all the retiral dues and pension. 9. Considering the submission and on perusal of the averments made in the counter affidavit, as the respondents have accepted the appointment of the petitioner as the same is in accordance with Rules, the respondents have not option except to release the salaries hence there shall be a direction to the respondents to release the arrears of salary to the petitioner which he is legally entitled and due within a period of two months from the date of a receipt of a copy of the order. WRIA No. 28684 of 2002 2 10. Further, there shall be a direction to the respondents to process all retiral dues and pension. This exercise should also be completed within the said period. 11. Accordingly, the present writ petition is disposed of. September 18, 2025 AdityaG WRIA No. 28684 of 2002 3 (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad