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2025 DAILYLAW 193369 (ALL)

KAMTA PRASHAD TIWARI v. STATE OF U.P. AND 8 OTHERS

WRIA/43698/2017 · 2025-10-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 43698 of 2017 Court No. - 33 HON'BLE SUDHANSHU CHAUHAN, J. 1. Heard Sri R.C. Dwivedi, learned counsel for the petitioner and learned standing counsel for the State-respondent nos. 1 to 7. 2. None is present on behalf of the respondent nos. 8 and 9. 3. The learned counsel for the petitioner states that the petitioner was appointed on the post of clerk in pursuance to the appointment letter dated 28.03.2010 at the institution namely, Shri Vishwanath Sanskrit Mahavidyalaya, Koranw Prayag, District Allahabad. The appointment of the petitioner on the post of clerk had been made in due accordance with rules. The salary to the teachers and employees of Shri Vishwanath Sanskrit Mahavidyalaya institution is being paid by the State Exchequer. However, the petitioner has not been paid salary by the State from the date of his joining of duty on 01.04.2010. 4. The petitioner in this regard has relied upon a letter dated 28.07.2015 issued by the respondent no. 3 addressed to the respondent no. 6 directing to take appropriate action in the matter on the basis of the letter of the petitioner. The letter dated 07.08.2015 issued by the respondent no. 6 to the respondent nos. 8 and 9 to provide the relevant records in respect of appointment of the petitioner on the post of clerk at the aforesaid institution. The petitioner has also relied upon the letter dated 10.08.2015 issued by the respondent no. 7 to the respondent no. 6 to look into the matter pertaining to the grievance of the petitioner. Versus Counsel for Petitioner(s) : Arun Kumar Misra, Ashoka Kumar Dubey, Ramesh Chandra Dwivedi Counsel for Respondent(s) : C.S.C., Phool Chandra Saroj Kamta Prashad Tiwari .....Petitioner(s) State Of U.P. And 8 Others .....Respondent(s) 5. The respondent nos. 8 and 9 have filed their counter affidavit in the present proceeding wherein it has been stated that the staff (teaching and non-teaching) of the aforesaid institution are being paid salary by the State Exchequer and also that the appointment of the petitioner had been made in due accordance with the Government Order dated 12.08.1982. It has also been stated that the petitioner has been working at the aforesaid institution since the date of his joining on 01.04.2010. The receipt of the letter dated 07.08.2015 has not been disputed by the respondent nos. 8 and 9 in their counter affidavit, however, it is not clear from the record whether the information sought has been provided by the aforesaid institution. 6. Be that as it may, no fruitful purpose would be served to keep the present writ petition pending. Hence, without entering into the merits of the controversy involved, the District Inspector of Schools, Allahabad- respondent no. 6 is directed to look into the grievance of the petitioner in respect of the payment of salary to the petitioner. The petitioner may file a fresh representation along with certified copy of this order before the respondent no. 6 in this regard within a period of two weeks from today. The respondent no. 6 shall decide the representation so made by the petitioner within two months from the date of receipt of the representation so made. 7. With the aforesaid observations and direction, the writ petition is disposed of. October 16, 2025 Arif WRIA No. 43698 of 2017 2 (Sudhanshu Chauhan,J.) Digitally signed by :- MOHAMMAD ARIF High Court of Judicature at Allahabad