FIROZ KHAN v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDUCATION LKO. AND 5 OTHERS
WRIA/11835/2025 · 2025-11-10
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 198954 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 198954 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11835 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Sri Arvind Kumar Kannajia, advocate, has put in appearance by way of filing vakalatnama on behalf of respondent no. 6 and the same is taken on record. Heard learned counsel for the petitioner, Mr. Arvind Kumar Kannajia, counsel for respondent no. 6, Mr. P.K. Singh, 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 parties, particularly the Director of Education (Secondary), Shiksha Erth (1) Anubhag, Directorate of Education, U.P., Allahabad, the opposite party No.3, to ensure the payment of arrears of salary to the petitioner w.e.f. 01/09/2009 to March
2016. (ii) Issue a writ, order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iii) Award the cost of the writ petition in favour of the petitioner." The contention of learned counsel for the petitioner is that the petitioner was working in the institution of respondent no.6 and thereafter, since April, 2016, he started working in Government Inter College and in year 2020, he has been selected as Lecturer (DIET) by U.P. Public Service Commission. He submits that the salary for the period of 01.09.2009 to March, 2016 has not been paid yet, whereas, a letter written by the then District Inspector of Versus Counsel for Petitioner(s) : Nagendra Bahadur Singh Counsel for Respondent(s) : C.S.C., Arvind Kumar Kanaujea Firoz Khan .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And 5 Others .....Respondent(s)
Schools on 30.01.2017 to the Director, Secondary Education and thereafter, some queries were raised vide the letter dated 20.12.2017 which has been replied by the District Inspector of Schools and even several letters were also given and ultimately on 23.10.2021, the District Inspector of Schools has also reminded for payment of arrears of salary to the petitioner, but all is in vein as the same has not been paid as yet. He argued that several set of litigation were instituted and ultimately, by the
order of Director, Secondary Education, the petitioner receives salaries from month April, 2016 to the date when he left the institution and arrears of salary for the period of 01.09.2009 to March, 2016 has not been paid yet even after the letters written by the District Inspector of Schools. After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to permit the petitioner to raise his claim for payment of arrears of salary with effect from 01.09.2009 to March, 2016 before the respondent no. 3 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsels appearing for opposite parties have no objection to the
contentions aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, while raising all his claims and mentioning the several letters of the District Inspector of Schools which were sent time to time to the Director, Secondary Education for payment of arrears and if such representation/claim is moved, the same shall be considered and decided by respondent no. 3/Director of Education(Secondary), Shiksha Erth(1) Anughag, Directorate of Education, within further period of two months, in accordance with law, from the date, a certified copy of this order is produced before him. With the aforesaid observations, the instant petition is disposed of. The Writ A Nos. 2938 of 2012, 4810 of 2015, 5373 of 2016 and 8654 of 2016 are hereby de-linked from the instant petition. November 10, 2025 Mayank WRIA No. 11835 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench