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2025 DAILYLAW 47935 (ALL)

SANTOSH KUMAR SHUKLA v. STATE OF U.P. AND OTHERS

WRIA/10043/2012 · 2025-03-16

Saurabh Shyam Shamshery

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Judgment text

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Neutral Citation No. - 2025:AHC:37164 Court No. - 6 Case :- WRIT - A No. - 10043 of 2012 Petitioner :- Santosh Kumar Shukla Respondent :- State of U.P. and Others Counsel for Petitioner :- Ashok Nath Tripathi,Bhupendra Kumar Tripathi,Ram Kishore Pandey Counsel for Respondent :- Ashok Kumar,Vimal Chandra Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Shashi Kumar Ojha, learned counsel for petitioner, Sri Ashish Nagvanshi, learned Additional C.S.C. for State and Sri Rajesh Khare, learned counsel for respondents. 2. Petitioner is guilty of his own act, that initially he was appointed as Assistant Teacher in Primary School, Kallauhan, Banda and later on, he was transferred as Assistant Teacher to join at Primary School, Atarra (Prachin), Naraini, Banda vide order dated 24.02.2006, however, he has not joined immediately and instead, involved in a litigation. 3. In aforesaid circumstances, petitioner challenged the said order by way of Writ A No. 49015/2006 and said writ petition was disposed of vide order dated 30.07.2009 with an observation that grievance of petitioner be considered that neither he was allowed to work nor was paid salary for a period from 2006 to 2010. The order dated 24.02.2006 was not interfered. 4. Learned counsel for petitioner submits that petitioner thereafter joined at Primary School, Basrehi, Banda and has retired in the year 2017 and since some other person was appointed in earlier school i.e. Primary School, Atarra (Prachin), Naraini, Banda and since litigation was pending, he did not immediately join other school. 5. Learned counsel further submits that impugned order is contrary to record, as petitioner has attended Primary School, Atarra (Prachin), Naraini, Banda and marked his presence also for above referred period, however, still his salary was not paid and he has referred attendance register in support of his submission. 6. Learned Additional C.S.C. as well as learned counsel for respondent have submitted that order dated 24.02.2006 is still in existence. It was later on complied with when petitioner joined at transferred place and he was relieved from there. The order was passed on 24.02.2006 and it remained in force, therefore, by marking attendance at earlier school does not make a case that petitioner has worked in said school since he was transferred to another school but has joined there later on, therefore, on principle of no work no pay, he is not entitled to get salary for aforesaid period. 7. In aforesaid circumstances, this Court is of the opinion that no factual or legal irregularity exists in impugned order, therefore, this writ petition lacks merit, hence, dismissed. Order Date :- 17.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad