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2025 DAILYLAW 15796 (ALL)

LAL BABU v. STATE OF U.P. AND 4 OTHERS

WRIA/1496/2025 · 2025-02-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17795 Court No. - 7 Case :- WRIT - A No. - 1496 of 2025 Petitioner :- Lal Babu Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ashok Kumar,K.R. Singh Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri K. R. Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 to 3 and perused the records. 2. The petitioner has preferred present writ petition inter-alia with the following prayers :- "(i) To issue a writ, order or direction in the nature of mandamus to the respondents to make the payment of petitioner's salary as Class-IV employee of aided Junior High School since January 2000. (ii) To issue a writ, order or direction to respondents to pay 12% interest upon the payment of arrears of salary." 3. In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondents no.4 & 5 to notice and keeping this petition pending before this Court. However, in case aforesaid respondents feels aggrieved by the order their right to seek modification/variation of the order is being kept reserved. 4. The facts in brief as contained in the writ petition is that petitioner was initially appointed as Class-IV employee by the Committee of Management in the institution namely Kishan Laghu Madhyamik Vidhyalay, Karjaha, Deoria. The aforesaid institution was aided by the State Government and the same was upgraded upto intermediate college but the intermediate section was not aided by the State Government. Pursuant to the appointment order dated 01.11.1998 petitioner submitted his joining on 05.11.1998 and is continuously working as Class-IV employee. The documents of the petitioner was sent by the Committee of Management to the District Basic Education Officer, Deoria for approval for the purpose of payment of salary. After due consideration the District Basic Education Officer, Deoria approved the appointment of the petitioner by order dated 11.12.1998. The petitioner was paid salary from November 1998 to December 2000 but since there was a dispute in the Committee of Management the salary of the petitioner was stopped. 5. It is argued by counsel for the petitioner that when the salary of the petitioner was stopped he made various representations before the authorities concerned from time to time but till date no final decision has been taken in the matter. Counsel for the petitioner placed reliance upon the letter dated 16.08.2023 written by Finance and Accounts Officer, Basic Education, Deoria to Finance Controller, Basic Education, Prayagraj regarding the payment of salary. It is further argued that ultimately after taking into consideration all the aspect of the matter a report was submitted by the Block Education Officer, Bhatparrani, Deoria to the District Basic Education Officer, Deoria on 13.3.2024, copy of which is appended as annexure-21 to the writ petition. It is further argued that the report is in favour of the petitioner. 6. On the other hand it is argued by learned Standing Counsel that respondent no.2 will take a decision in the matter expeditiously. 7. In this view of the matter, present writ petition is disposed of directing the concerned respondent to take a decision in the matter strictly in accordance with law within a period of six weeks from the date of receipt of certified copy of this order. Order Date :- 7.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad