Neutral Citation No. - 2025:AHC:50390 Court No. - 6 Case :- WRIT - A No. - 12466 of 2018 Petitioner :- Rajendra Babu Tripathi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Krishna Dutt Awasthi,Sanjay Singh,Vashishtha Tiwari Counsel for Respondent :- C.S.C.,Shravan Kumar Panday Hon'ble Saurabh Shyam Shamshery,J. 1. This Court has passed following order on 06.03.2025 :- “1. Earlier petitioner approached this Court by filing Civil Misc. Writ Petition No. 37851 of 1998, which was finally disposed of by Co- ordinate Bench of this Court vide judgment and order dated 10.12.1998. Against the aforesaid order, Special Appeal No. 1289 of 2002 was filed, which was dismissed by Co-ordinate Bench of this Court vide order dated 11.07.2017. When no heed was paid by the respondents, the petitioner made a representation dated 28.02.2018 to the District Basic Education Officer, Auraiya and requested the Finance and Accounts Officer to ensure the balance payment of the petitioner, but the District Basic Education Officer, Auraiya did not pay any heed and same is pending before him for consideration. Subsequent to the same, representation was made by the petitioner before the District Basic Education Officer, Auraiya for compliance of the judgment and order dated 10.12.1998. On the said representation, an order was passed by District Basic Education Officer, Auraiya addressed to the Finance and Accounts Officer (Basic Education) Auraiya, District Auraiya to make payment to the petitioner as per judgment dated 10.12.1998. 2. It is argued by the learned counsel for the petitioner that since no action has been taken in spite of aforesaid order, petitioner has preferred the present writ petition. 3. The writ petition was duly entertained and following order was passed on 23.05.2018. The aforesaid order is extracted below:- "Submission is that right of petitioner to receive salary has already crystallized pursuant to orders passed by this Court in the past, which fact has also been noticed in the order of District Basic Education Officer, dated 26th August, 2017, but even thereafter no payment has been made to the petitioner. Submission is that petitioner is a retired person and is suffering irreparable injuries. Learned counsel representing District Basic Education Officer, Auraiya, may obtain instructions by the next date fixed. Post as fresh on 30.5.2018". 4. Pursuant to the aforesaid order, counter affidavit has been filed by the answering respondent. Reply to para no. 17 of the writ petition has been given in para no. 26 of the counter affidavit. It is stated in para no. 26 of the counter affidavit that documents submitted by the petitioner was sent before the Finance and Accounts Officer (Basic Education) Auraiya, District Auraiya for taking action after proper investigation. The Finance and Accounts Officer (Basic Education) Auraiya, District Auraiya vide letter dated 15.01.2018 return the file to the office of answering respondent. Vide letter dated 12.03.2018 the Manager of the institution was directed to produce the report in the present case. It is further stated that the Manager of the institution in his reply has informed that the recall application in Special Appeals have been filed which are pending. 5. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondents and perused the record. 6. From the perusal of record, this Court is of the prima facie opinion that the judgment and order passed by this Court in Civil Misc. Writ Petition No. 37851 of 1998, which was finally disposed of by Co-ordinate Bench of this Court vide judgment and order dated 10.12.1998, has become final between the parties, but till date no decision has been taken pursuant to the order passed by this Court. 7. In this view of the matter, District Basic Education Officer, Auraiya is directed to appear before this Court along with his personal affidavit that why contempt proceeding may not be initiated for non compliance of the order as quoted above. 8. Put up this case again on 08.04.2025 in the additional cause list within top ten cases.” 2. Heard Sri Sanjai Singh, learned counsel for petitioner and learned Additional C.S.C. for State. 3. Case of petitioner is still not decided on merit and it is pending before concerned respondent i.e. B.S.A., Auraiya. 4. Concerned B.S.A. is present in Court today and on basis of his personal affidavit, which shall be filed during course of day in Registry, learned Additional C.S.C. submits that now case is pending before Director of Basic Education and since there are allegations of fraud also, therefore, after a proper inquiry, a reasoned order will be passed. 5. Learned counsel for petitioner submits that there are no allegations of fraud. 6. Court takes note of above submissions as well as that petitioner’s case is not being decided since 1998, however, after taking note that there are allegations of fraud also, therefore, a last opportunity is granted to Director of Basic Education to decide issue and in case of any legal impediment, same shall be communicated to petitioner preferably within 10 weeks. 7. Writ petition stands disposed of with above observations. Order Date :- 8.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad