Neutral Citation No. - 2025:AHC:81018 Court No. - 7 Case :- WRIT - A No. - 6776 of 2025 Petitioner :- Abuzar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohammad Ali Ausaf Counsel for Respondent :- C.S.C.,Pranav Mishra,Sr. Advocate Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner, learned counsel for respondent no.2 and learned Standing Counsel for the State as well as Sri Mohd. Naushad Siddiqui, learned counsel for intervenor-Azad Ahmad Khan. 2. The writ petition is filed with the following prayer: "A. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to make the payment of salary of the petitioner month to month in view of his appointment dated 26.2.2023 as well as approval thereof dated 28.6.2024 on the post of Assistant Teacher (Tehtania) on compassionate ground in the Madarsa in question; B. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to make the payment of arrears of salary of the petitioner w.e.f. his actual joining of the petitioner in the Madarsa in question including other benefits." 3. It is submitted by learned counsel for petitioner that petitioner has been appointed on compassionate ground and the appointment has been approved on 28.6.2024, however, salary of petitioner has not been paid. The approval order and appointment order has not been cancelled till date and as such, petitioner has right to salary 4. Learned counsel for intervenor-Azad Ahmad Khan submits that intervenor is objecting to the release of salary to petitioner on the ground that intervenor has right to appointment on the aforesaid post. 5. Learned counsel for respondent no.2 submits that enquiry is already going on in respect of same. 6. In view of stand taken by learned counsel for parties, let the enquiry pending before respondent no.2-Inspector/Registrar, U.P. Board of Madarsa Education, Jawahar Bhawan Lucknow in respect of claim of petitioner as well as intervenor be decided within a period of one month from the date of production of a certified copy of the order, after giving an opportunity of hearing to all the concerned including petitioner and intervenor. If the respondent finds claim of petitioner for salary is valid then the salary may be released forthwith. 7. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law. 8. With the aforesaid observation/direction, the writ petition stands disposed of. Order Date :- 16.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad