JITENDRA SINGH YADAV v. D.I.O.S. ETAWAH AND OTHERS
WRIA/22605/1997 · 2025-09-03
Donadi Ramesh
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 15846 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15846 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 22605 of 1997 Court No. - 38 HON'BLE DONADI RAMESH, J.
1. Heard Shri Sankalp Narain, learned counsel for the petitioner and Y.K. Saxena, learned counsel for the respondent. 2. The present writ petition is filed directing the respondents to ensure joining of the petitioner as Lecturer in Geography at third-respondent Institution and including payment of salary to the petitioner with effect from March, 1995 till 21.09.2006. 3. Considering the submissions and on perusal of record, this Court has passed an interim order on 22.09.1997, which reads as follows:-
"Seen the office report dated 09.09.1997. Notices were sent by registered post to respondent no.3. In view of Explanation 2 to Rule 12 of Chapter-VIII of the High Court Rules, the notice shall be deemed to have been served. In the writ petition it is stated that the petitioner was selected by the U.P. Secondary Education Services Commission. He joined the service in Chaudhari Jawahar Singh College, Sutiyani, district Etawah but he has not been paid salary. An interim mandamus is issued to respondent no.3 to pay salary to the petitioner within three weeks from the date of production of a certified copy of this order or to show cause within this period."
4. Based on the above directions, the petitioner has continued to work in the third-respondent Institution as Lecturer till 21.09.2006 and subsequently he participated in a selection process to the post of Principal and was selected as Principal and he joined in other College and left the third-respondent Institution. But the respondents have not complied the interim order granted Versus Counsel for Petitioner(s) : G.K. Singh, Hritudhwaj Pratap Sahi, S.C.Dwivedi, Sankalp Narain, V.K. Singh Counsel for Respondent(s) : Y.K.Saxena Jitendra Singh Yadav .....Petitioner(s) D.I.O.S. Etawah And Others .....Respondent(s)
by this Court on 22.09.1997 and have not paid the salaries, despite his repeated requests. 5. Learned counsel appearing on behalf of petitioner, further brought to the notice of the Court that the Court has specifically issued interim mandamus directing to pay the salaries within a period of three weeks or to show cause within the same period, but in the instant case the respondents neither issued show cause notice nor paid the salaries to the petitioner.
Admittedly, the petitioner has worked as Lecturer in the third-respondent Institution till 2006, hence, he is entitled for salaries from March 1995 to 21.09.2006. 6. Considering the said submissions this Court has passed an order on 14.08.2025:-
"1. This Court has considered the material facts and after hearing the learned counsel for the petitioner passed an interim order dated 22.09.1997, directing the respondents to pay the salary to the petitioner within three weeks or else show cause within the same period. 2. Learned counsel for the petitioner has submitted that respondents have not complied the said order or either paid the salaries or issued any show cause. 3. Learned Standing Counsel prays for and is granted two weeks' time to get the instructions. 4. List this case after two weeks. "
7. Further, time was also granted to get compliance of the above said order. 8. But respondents are not able to place any instructions with regard to payment of salary or show cause notice to the petitioner. In the said circumstances, considering the submission made by learned counsel for the petitioner as the respondents are unable to place any material defeating the contents of the learned counsel for the petitioner. 9. Accordingly, the present writ petition is disposed of, directing the respondents to release the arrears of salaries to the petitioner from March, 1995 to 21.09.2006 within a period of three months from the date of a receipt of a copy of this order. September 4, 2025 AdityaG WRIA No. 22605 of 1997 2 (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad