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2025 DAILYLAW 175484 (ALL)

SATISH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. AGRICULTURE MARKETING / FOREIGN TRADE U.P. GOVT. LKO. AND 2 OTHERS

/13168/2025 · 2025-11-19

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13168 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Rajesh Kumar, learned counsel for respondent nos. 2 & 3, Mr. P.K. Singh, learned Additional Chief Standing Counsel for the State and perused the record. Instant petition has been filed with the following prayers:- "I. To issue writ, order or direction in the nature of Certiorari, to quash the Impugned Order dated: 13.09.2024, so far it relates to denied the remaining salary of the suspension period and consequential order dated-20.02.2025 passed by opposite parties, Contained as Annexure No.-01 to the Writ Petition, in the interest of justice. II. To issue writ, order or direction in nature of mandamus to commanding and directing the opposite parties to pay the remaining salary of suspension period from 07.03.2024 to 18.07.2024 along with the interest @18% per annum from 13.09.2024 as similar issue decided by the Hon'ble High court in the cases of 'Ashu Nandan Singh Vs State of U.P. through Secretary Nagar Vikas U.P Lucknow & others (2007(2) LBESR 494 (ALL)), and Virendra Kumar Vs State of U.P. and others, Writ -A No. 40557 of 2005 judgment dated 12.02.2013. III. To issue any writ, order or direction which the Hon'ble Court deems just and proper in the light of the facts and circumstances of the case. IV. To award the cost of the petition to the petitioner." On 13.11.2025, the following order was passed:- "Sri Rajesh Kumar, Advocate, has put in appearance by way of filing Vakalatnama on behalf of opposite parties no. 2 & 3 and the same is taken on record. Office is directed to print the name of Sri Rajesh Kumar, Advocate, as counsel for the Versus Counsel for Petitioner(s) : Birendra Kumar Yadav, Balram Yadav Counsel for Respondent(s) : C.S.C., Rajesh Kumar, Surendra Kumar Singh Satish Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Agriculture Marketing / Foreign Trade U.P. Govt. Lko. And 2 Others .....Respondent(s) opposite parties no. 2 & 3 when the case is listed next. Heard learned counsel for the petitioner and learned counsels for the opposite parties. The challenge is laid to the order impugned dated 13-09-2024 passed by the Director, Rajya Krishi Utpadan Mandi Parishad, U.P.,Lucknow. While passing the aforesaid order, a warning has been given to the petitioner. It is further provided in the impugned order that the salary of the petitioner for the period of suspension, will not be paid to him. The law has been settled by this court in the case of State of U.P. And Others Vs Arun Kumar Singh and Another, reported in [2015(33) LCD 1927] that if the minor punishment is awarded, the payment of salary and other allowances for the suspension period, shall be paid. Prima-facie, it seems that the impugned order has been passed against the settled proposition of law. Learned counsel appearing for the respondent nos. 2 & 3 submits that he may be granted a week's time to seek instructions in the matter. As prayed, list/put up this matter in the Next Week in the list of fresh cases." In-compliance of the order aforesaid, Mr. Rajesh Kumar, counsel appearing for respondent nos. 2 & 3 has placed the order dated 18.11.2025, which is taken on record. Placing the aforesaid, he submits that the punishment order has been modified to the extent that the petitioner is entitled for the payment of subsistence allowances, during the period of suspension and that shall be paid very soon. Learned counsel appearing for the petitioner has no objection, but his anxiety is that the payment of subsistence allowances may be paid within shortest period of time. Considering the submissions of counsel for the parties, the present writ petition is hereby disposed of in-terms of the order dated 18.11.2025. Needless to say that the subsistence allowances payable to the petitioner shall be paid within period of six weeks by the respondent no.2/Director, Rajya Krishi Utpadan Mandi Parishad, U.P. Lucknow. November 19, 2025 Mayank WRIA No. 13168 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench