HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 18407 of 2019 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. The present writ petition is filed for the following relief:- "a. Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay the arrears of salary of the petitioner i.e. Salary from February- 2011 to February 2015 (Rs.21,27,201.00), differences, of Arrears of 6th Pay Scale From January 2006 to November-2008 (Rs.1,74,779.00) and Bonus 2009-10 to 2014- 2015 (Rs.20,724.00), Total Rs.23,22,804.00) with interest." 2. The petitioner was selected and appointed in the fifth-respondent Institution as Assistant Teacher in C.T. Grade, the said selection was forwarded to the District Inspector of Schools, Ballia for approval of the appointment. He has approved the appointment of petitioner and other four Assistant Teachers vide order dated 26.06.1984. Accordingly, the Committee of Management has issued appointment letter to the petitioner on 27.06.1984 and after that petitioner has worked in the Institution with utmost satisfaction. Based on the above the Committee of Management has recommended the case of the petitioner for regularization on 05.05.1991 and the said proposals were accorded and approved by the District Inspector of Schools vide order dated 29.06.1991. It is not in dispute that the respondents have released the salaries to the petitioner including the fifth-sixth pay Commissions. 3. Although, in the year 2010, the respondents have stopped the payment of salaries to the petitioner including identically situated teachers in the entire district. Aggrieved by this, the petitioner with other has filed batch of Writ Petitions No.26307 of 2010. The said writ petition was disposed of vide order dated 13.01.2017, with the following directions:- Versus Counsel for Petitioner(s) : Ashok Kumar Pandey, J.P.N. Singh Counsel for Respondent(s) : C.S.C. Bhola Nath Singh .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) "Accordingly, this batch of the writ petitions is disposed of with the following direction. (i) In case any teacher/ Institution is aggrieved by the order passed by the Committee, it would be open to him/ it to take such recourse which is available under the law to them. (ii) The salary to all the teachers, who have been found to be working on the sanctioned post shall be released within two months from the date of production of certified copy of this order." 4. Meanwhile, a public interest litigation has been filed by a third-party No.35090 of 2015 (Rajesh Rai Vs. State of U.P. and Others) directions were given vide order dated 19.12.2017, which reads as follows:- "We clarify that if any person is appointed beyond the sanctioned strength by the committee of management on its own, the liability for payment of salary to such teachers is upon the management, and the persons so appointed may claim salary from the management only. We further clarify that the State shall proceed against the management of the institution and the persons responsible in the matter of payment and receiving of salary from the State Exchequer without legal authority both for the civil wrong done as well as on the criminal side. We disposed of this public interest litigation. The modification application is confined to record. " 5. In view of the said directions issued in batch of Writ Petition No.26307 of 2010, the respondents have released the salaries to the petitioner and subsequently the petitioner has retired from service. 6. Despite repeated requests for release of arrears of salary from February 2011 to February 2015 and also other consequential reliefs, but the respondents have not considered and passed any orders. Aggrieved by the said action, the present writ petition is being filed. 7. After notice the respondents have filed counter affidavit, though they have denied specifically the facts mentioned in the writ petition but on the ground of irregularities committed in the entire district, the matter has been referred to Vigilance Cell. Accordingly, as per the directives outlined in the State Home Department's communication dated 20th May 2019, the task has been entrusted to the EOW and the same is still pending. WRIA No. 18407 of 2019 2 8. At the time of hearing, considering the matter it was brought to the notice of the Court that in fact the inquiry has been completed and the Vigilance Cell has submitted report and also forwarded to the State. In view of the said circumstances, without going into the merits of the case the present writ petition is disposed of, directing the respondent nos.1 and 2 to consider the request and based on the inquiry report pass appropriate orders for release of arrears of salary to the petitioner. This exercise should be completed within a period of two months from the date of a receipt of a copy of this order. 9. It is needless to mention that if the petitioner is entitled for the release of arrears of salary, they may also consider for interest as per rules. September 23, 2025 AdityaG WRIA No. 18407 of 2019 3 (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