Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114002 Court No. - 38 Case :- WRIT - A No. - 24342 of 2018 Petitioner :- Ram Badan Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J.
1. Heard Sri J.P.N. Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. Present writ petition has been filed for following relief:
"(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to pay the different remaining arrears of the petitioner i.e. of 6th Pay Commission Scale from January, 2006 to November, 2008 (Rs. 1,77,699.00), remaining arrears of promotional pay scale dearness allowance from July, 2009 to January, 2011 (Rs. 68254.00), bonus 2007 & 2008 to 2012 & 2013 (Rs. 20,724.00) , remaining 50% D.A. from April, 2004 to September, 2005 (Rs. 12,948.00), total amount (Rs. 279625) with interest and also the interest of (Rs. 21,67,085.00) which is already paid to the petitioner, from the command of this Hon'ble Court."
3. Considering the submission, this Court has passed the following
order on 17.11.2018:
"It appears that an issue was raised with regard to legality of petitioner's appointment on the ground that sufficient posts were not in existence, once determination was made by the State authorities in terms of the direction issued by this Court in Dhruv Narain Singh vs. State of U.P. and Others i.e. Writ Petition No.26307 of 2010, decided on 13.1.2017. The issue is stated to have been resolved and petitioner's appointment is found to be within the sanctioned strength. Submission is that merely for such reasons the claim of petitioner has been kept pending and his entitlement has not been released to
him. It is pointed out that the District Inspector of Schools, Ballia has already written a letter to the concerned Director for release of budget for the outstanding amount to be paid to petitioner, but no action is taken upon it. Learned Standing Counsel may obtain instruction from respondent no.2 as to what action has been taken upon the letter of the District Inspector of Schools, Ballia, dated 6.7.2017. It shall be open for the respondents to file counter affidavit in the meantime. List on 3.12.2018, at the top of the list. "
4. Despite the abovesaid order, learned Standing Counsel is unable to produce any instruction from District Inspector of Schools, Ballia. Even after lapse of 7 years, no instruction or counter affidavit has been filed.
5. No useful purpose would be served in keeping the writ petition pending or calling the counter affidavit.
6. The writ petition is disposed of with a direction to respondent nos. 3 and 4 to consider the orders passed by this Court on 17.11.2018 and take appropriate decision, within a period of two months from today, if required by obtaining record from respondent no.5 after issuing notice to the petitioner.
Order Date :- 15.7.2025 Noman (Donadi Ramesh, J.) Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad