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2025 DAILYLAW 181663 (ALL)

DR. PREM PRAKASH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. SECONDARY EDU. CIVIL SECTT. LKO AND 4 OTHERS

/9252/2024 · 2025-12-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9252 of 2024 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Counter affidavits filed today by counsel for the respondent(s) is taken on record. Heard learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and perused the record. Instant petition has been filed with the following reliefs:- "i) issue a writ, order or direction in the nature of certiorari quashing the order dated 27.09.2023 passed by the Opposite Party No. 2, as contained in ANNEXURE NO. 1 to this Writ Petition. ii) issue a writ, order or direction in the nature of mandamus commanding the Opposite Party No. 2 to make payment of arrears of salary to the petitioner w.e.f. 01.07.2010 forthwith with interest @ 18% per annum. iii) issue a writ, order or direction in the nature which this Hon'ble High Court deems fit and proper in the circumstances of the case, in favour of the petitioner. iv) Cost of the Writ Petition may be awarded in favour of the petitioner." After counter affidavit is filed, counsel for the petitioner fairly conceded that the arrears of salary have been paid to the petitioner with effect from Versus Counsel for Petitioner(s) : Sudhir Kumar Pandey, Prashant Kumar Singh Counsel for Respondent(s) : C.S.C., Rama Niwas Pathak Dr. Prem Prakash Tiwari .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Secondary Edu. Civil Sectt. Lko And 4 Others .....Respondent(s) 01.07.2010, whereas, the interest on the delayed payment of arrears of salary has not been paid yet. He submitted that the payment of arrears of salary have been paid much delayed and there is fault on the part of the respondents, therefore, the petitioner cannot be thrown to suffer for the act done by them. In support of his contentions, he has placed reliance on the judgment dated 05.03.2025 rendered in Special Appeal Defective No. 95 of 2025. Learned counsel for the opposite parties have opposed the contentions aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to raise his claim of interest within period of 15 days, and if such claim is moved with respect to payment of interest on delayed payment of arrears of salary, is raised, within aforesaid period, the respondent no. 3/District Inspector of Schools, Jaunpur, is hereby directed to consider and decide the same, within a period of eight weeks, in accordance with law, from the date, a certified copy of this order is produced before him. Needless to say that if any approval is required after District Inspector of Schools reaches to the conclusion to pay the interest on the arrears of salary, the Director, Dept. of Secondary Education, Govt. of U.P., Lucknow, shall take decision for approval on the same. With the aforesaid observations, the instant petition is disposed of. December 9, 2025 Mayank WRIA No. 9252 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench