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2025 DAILYLAW 25162 (ALL)

SMT. MEERA KULSHRESTHA v. REGIONAL DY. DIRECTOR OF EDUCATION AGRA AND OTHERS

WRIA/40628/2000 · 2025-07-14

Donadi Ramesh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:113111 Court No. - 38 Case :- WRIT - A No. - 40628 of 2000 Petitioner :- Smt. Meera Kulshrestha Respondent :- Regional Dy. Director Of Education Agra And Others Counsel for Petitioner :- A.K. Sinha,A.K. Srivastava,Madan Mohan,Prem Sagar Verma,R.K. Sinha,Sunil Kumar Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed questioning the order dated 24.11.1997 passed by the District Inspector of Schools, Agra. 2. Considering the submissions and also on perusal of the record, this Court has passed an interim order dated 12.09.2000, which reads as follows:- "Admit. Notice on behalf of opposite parties no.1 and 2 has been accepted by the Chief Standing Counsel who prays for and is granted six weeks' time to file counter affidavit. Issue notice to opposite party no.3. The petitioner has alleged in the petition that she is working since 19.12.1995 on the post of Assistant Teacher. The grievance of the petitioner is that the opposite parties are not paying salary to the petitioner. The learned Standing Counsel submits that the appointment of the petitioner was not approved by the D.I.O.S. I have considered the arguments of the learned counsel for the parties. The appointment of the petitioner was made after due intimation of vacancy to the D.I.O.S. in the interest of students, which is paramount consideration under the Education Act. The opposite parties are directed to pay salary to the petitioner from April, 2000. The petitioner is directed to furnish certified copy of the order before the authority concerned. 3. Consequent to the above said orders the respondents have paid the salaries regularly month to month and subsequently he has also retired on 30.06.2015 after attaining the age of superannuation. 4. During the pendency of the present writ petition the petitioner has amended the prayer iv(d), which reads as follows:- "to issue a writ, order or direction in the nature of mandamus directing the respondents to ensure the payment of salary to the petitioner for the period 19.12.1995 to 31.03.2000 admissible for the post of Assistant Teacher in L.T. Grade" 5. At the time of hearing, learned counsel for the petitioner has only insisted to press prayer iv(d) as the petitioner has been appointed and continued in service. Subsequent to the above directions the salaries were paid but the respondents have not released the salary from 19.12.1995 to 31.03.2000. 6. Considering the above said submissions, the present writ petition is disposed of, giving liberty to the petitioner to file a claim petition within a period of two weeks before the second- respondent. Hence, the second-respondent is directed to consider the case of the petitioner and pass appropriate order for release of salary from 19.12.1995 to 31.03.2000 within a period of two months, thereafter. Order Date :- 15.7.2025 AdityaG (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad