Neutral Citation No. - 2025:AHC:47801 Court No. - 6 Case :- WRIT - A No. - 29330 of 2016 Petitioner :- Dashrath Prasad Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Rajiv Kumar Tripathi Counsel for Respondent :- C.S.C.,Rajesh Khare Hon'ble Saurabh Shyam Shamshery,J. 1. None present on behalf of petitioner. 2. Prayer made in this writ petition is that respondents be directed to pay salary to the petitioner along with consequential benefits for the Month of July, 2015 to November, 2015 and further direct the respondents to pay pension along with other retiral dues to the petitioner as he has superannuated on 31st March 2016. 3. This writ petition is listed in the category of 'Writ likely to have become infructuous (Efflux of Time)', however Court finds that cause still survives. 4. Court takes note of contents of paragraphs 7, 8 and 9 of writ petition which are reproduced hereinafter: " 7. That, due to this change in law at academic session the petitioner's retirement came into the mid of the session and so the petitioner was permitted to continue his services in pursuance of G.O. dated 09.12.2014 and also confirmed by the order of Writ Court and also in Special Appeal filed by several teachers including the petitioner though the writ petition of petitioner (Civil Misc. Writ Petition No. 46648 of 2015, Dashrath Prasad Vs. State of U.P. and Others) is pending and it is squarely covered by the order passed in Writ- A 36010 of 2015, Smt. Sudha Verma Vrs. State of U.P. and Others' and in pursuance of the order, the state government had also issued the G.O. dated 08.10.2015 to the effect that all the teachers falling under the category of mid- session will be given the benefit of session benefit so the petitioner also got the benefit of session and he continued his service till 31.03.2016. The petitioner also filed a Civil Misc. Writ petition No. 46648 of 2015, ' Dashrath Prasad Vrs. State of U.P. and Others' before this Hon'ble Court and the Hon'ble Court was pleased to grant the interim relief given in the Writ Petition No.36010- of 2015, Sudha Verma Vrs. State of U.P. and Others. The photo copy of the order passed by this Hon'ble Court in Civil Misc. Writ Petition No. 46648 of 2015 is being filed herewith and marked as Annexure No. 2 to this writ petition. 8. That, thereafter the petitioner was allowed to continue his service as Head Master in his school, Poorva Madhyamik Vidyalaya, Mishra Ka Dera, block-Mau, District-Chitrakoot by the order dated 23.10.2015 passed by respondent no.4 and from there he retired on 31st March 2016 attaining the age of superannuation and no notice or work leaving certificate was given. The photo copy of the order dated 23.10.2015 is being filed herewith and marked as Annexure No.3 to this writ petition. 9. That, the petitioner superannuated on 31.03.2016 but he did not get the salary from the month of July 2015 to November 2015 and also he has not received his retiral dues and pension which is his legal right." 5. Ms. Shruti Malviya, learned Brief Holder submits that no counter affidavit has been filed. 6. In the aforesaid circumstances if the petitioner is allowed to wok till the end of academic session and he has actually worked also then he will be entitled for the salary for the said period also. 7. In the aforesaid circumstances, this writ petition is disposed of and if the cause still survives, petitioner is at liberty to file a detail representation along with copy of present order and within a period of 8 weeks from today, his claim will be considered in accordance with law and in case there is a still a legal impediment, same may also be informed to the petitioner. 8. Copy of this order be given to the petitioner at the given address in the cause title. 9. Registrar (Compliance) to take steps. 10. Sri Umesh Chandra Kesarwani has appeared on behalf of respondent (B.S.A.) Order Date :- 4.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad