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2025 DAILYLAW 188681 (ALL)

VIKRAM PRASAD KEWAT v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF SECONDARY EDUCATION U.P. LKO. AND 4 OTHERS

/10640/2024 · 2025-12-09

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10640 of 2024 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 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 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. ii) 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. iii) Cost of the Writ Petition may be awarded in favour of the petitioner." Learned counsel appearing for the petitioner fairly concedes that the counter affidavits filed in Writ A No. 9252 of 2024(Dr. Pram Prakash Tiwari Vs. State of U.P. and 4 others), wherein, it is mentioned that the arrears of payment of salary have been paid to the petitioner and in fact the same has been paid, now there is no grievance of the petitioner with respect to payment of arrears of salary, whereas, the arrears of salary was not paid since 2010 and there is no fault on the part of petitioner, therefore, the petitioner is entitled for interest on delayed payment of arrears of salary. 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. Versus Counsel for Petitioner(s) : Prashant Kumar Singh, Ashutosh Chaubey, Sudhir Kumar Pandey Counsel for Respondent(s) : C.S.C., Rama Niwas Pathak Vikram Prasad Kewat .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Secondary Education U.P. Lko. And 4 Others .....Respondent(s) Be that as it may, without entering into the merit of the case, the petitioner is permitted to raise his claim of interest on the delayed payment of arrears of salary, within period of 15 days, and if such claim is raised, within aforesaid period, the respondent no. 3/District Inspector of Schools, Jaunpur, is hereby directed to consider and decide the same, within further 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. 10640 of 2024 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench