Neutral Citation No. - 2025:AHC:88504 Court No. - 38 Case :- WRIT - A No. - 31663 of 2017 Petitioner :- Sachin Kumar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Saurabh Basu Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned counsel for State respondents. 2. This writ petition is filed for directing the respondents to make payments to the petitioner of the back wages since 20.02.2001 to 28.05.2009 by considering the representations dated 18.7.2016 and 05.02.2017. 3. Learned counsel for the petitioner submitted that initially the petitioner was appointed on 17.02.2001 in Class IV category and the said appointment order was sent for approval before the DIOS and the Finance Officer, his appointment was rejected vide order dated 16.03.2001 on grounds that the said appointment is contrary to the Government Order dated 19.01.2001. The said order was assailed before this Honorable Court in Writ Petition No. 26315 of 2001 and the said writ petition was allowed vide order dated 29.09.2008 and impugned order dated 16.03.2001 was set aside. 4. Consequent to the disposal of the said writ petition, the respondent no. 3 has passed the order on 21.04.2009 directing the petitioner to join the services by approving his appointment order dated 17.02.2001. In fact after the appointment the petitioner was allowed and he has continued in the fifth respondent institution but the salaries was not paid to the petitioner in view of the pendency of a litigation. Consequently, the writ petition was allowed and the petitioner's appointment was upheld. In view of the said situation as the writ petitioner's appointment, dated 17.02.2001, was upheld by the High Court in the earlier writ petition he is entitled for the salaries from the date of his initial appointment. But the respondents have denied the payment of the said salaries of the petitioner despite his representation to the respondent nos. 3 on 18.07.2016 and to respondent no. 5 on 05.02.2017, however, the same were not considered by the respondents. 5. Learned counsel further submitted that as the petitioner's appointment is disapproved only because of negligence on the part of the respondents his case was not considered and his appointment was rejected. But after the intervention of this High Court the appointment was restored hence he is entitled to the monetary benefit from the date of his initial appointment. To support his contention he also relied on the judgment of the Apex Court reported in (2007) 6 SCC 52, State of Kerala And Others Vs. E.K. Bhaskaran Pillai wherein the Court directed that if the persons junior to petitioner were appointed and his case was wrongly denied, therefore, the petitioner is entitled to the monetary benefits from the date of his initial appointment. 6. Replying to the same, learned Standing Counsel appearing on behalf of the State has submitted that though the petitioner's appointment is contrary to the Government Order dated 19.01.2001 hence initially the third respondent has rejected his appointment. Subsequently, as directed by this Court in the Writ Petition No. 26315 of 2001 his case was considered and his appointment was approved and subsequently he has joined in the service only after approval of the appointment, hence he is not entitled for the salary. 7. Heard learned counsel for the both the parties and perused the record. 8. In spite of notice, the fifth respondent has not filed any counter affidavit, in the said circumstances, as the factual aspects are involved, this matter is remanded to the third respondent with a direction to consider the requests made by the petitioner in his representations, dated 18.07.2016 and 05.02.2017, after getting connected records from the fifth respondent and pass an appropriate order within a period of two months, from the date of receiving the certified copy of the order. 9. With aforesaid observations and directions this petition finally stands disposed of. Order Date :- 23.5.2025 Saurabh (Donadi Ramesh, J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad