Neutral Citation No. - 2025:AHC:57367 Court No. - 6 Case :- WRIT - A No. - 1688 of 2025 Petitioner :- Yogendra Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C.,Prashant Pratap Rao,Sankalp Narain Hon'ble Saurabh Shyam Shamshery,J. This Court has passed following order on 11.02.2025:- " 1. Earlier the petitioner approached this Court by filing Writ A No. 44914 of 2017 with the prayer to direct the IInd-Respondent in that writ petition to make the payment of arrears of salary to hte petitioner from the month of March, 2017, provident fund, insurance, pension and other terminal benefits. The said writ petition was finally disposed of on 20.09.2017 directing the District Basic Education Officer to pass appropriate order after affording opportunity to the Committee of Management and the petitioner, expeditiously and preferably within three months. 2. Pursuant to the aforesaid, an order dated 04.06.2018 was passed by the District Basic Education Officer, Jaunpur accepting the claim of the petitioner for payment of difference of salary as well as other retiral dues with an embargo that the aforesaid payment may be made after the petitioner provide important documents. 3. Aggrieved against the aforesaid, the petitioner again approached this Court by filing writ petition being Writ A No. 24089 of 2018 (Yogendra Rai vs. State of U.P. and 3 others), which was disposed of vide order dated 04.03.2024. Order dated 04.03.2024 reads as follows:- "1. S/Sri Indra Raj Singh and Adarsh Singh, learned advocates for petitioner after arguing for substantial length fairly submit that assertion made in impugned order, that petitioner after his retirement has not handed over his charge as well as not handed over official documents, has not been specifically denied in writ petition and they submit that this writ petition may be disposed of with a liberty to petitioner to file an undertaking in this regard before District Basic Education Officer within a week. 2. Sri R.C. Singh, learned Senior Advocate assisted by Sri R.P. Shukla, learned counsel for respondents has no objection if such prayer is considered. 3. In view of above, this writ petition is disposed of with a liberty that petitioner will file an undertaking in regard to assertion made in impugned order within a week. In such event, the condition mentioned in impugned order will not be a legal impediment to release pensionary benefits including arrears of salary to petitioner. 4. A copy of said undertaking shall also be provided to Committee of Management of institution concerned by District Basic Education Officer and the Committee of Management will be at liberty to take any legal recourse, if so advised. " 4. It is argued by the counsel for the petitioner that pursuant to the aforesaid affidavit has been filed by the petitioner before the Respondent No. 2 namely District Basic Education Officer, Jaunpur on 18.05.2024 but till date no decision has been taken. It is further argued that once order of termination of services of the petitioner has been disapproved by the District Basic Education Officer vide its order date 05.05.2011, the petitioner became entitled for all consequential benefits till the time of his retirement namely 31.03.2017 and thereafter post retiral benefits. 5. Heard counsel for the petitioner and learned Standing Counsel for the State-Respondents. 6. In the facts and circumstances of the case, an interim mandamus is issued to the Respondent Nos. 2 & 3 collectively to make the payment of arrears of salary along-with post retiral benefits to the petitioner or to show cause by filing the counter affidavit on or before the next date fixed in the matter. 7. List in the additional cause list within top ten cases on 19.03.2025. It appears that direction given in paragraph no. 6 of above referred order has not been complied with, therefore, the Court is of opinion that this writ petition can be disposed of with following directions: (a) The respondent shall make the payment of arrears of salary along with post retiral benefits to petitioner within four weeks. If still, there is any legal impediment, same shall be communicated with specific reasons. (b) In case of default and petitioner being constrained to approach this Court fourth time for same relief, the Court may take very adverse view against concerned respondent. A copy of this order be communicated to the Additional Chief Secretary, (Basic Education), U.P. Lucknow through Registrar (Compliance) within 24 hours. With above observations/directions, this writ petition stands disposed of. Order Date :- 18.4.2025 Vipasha Digitally signed by :- VIPASHA MUKHERJEE High Court of Judicature at Allahabad