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2025 DAILYLAW 8015 (ALL)

DHANURDHARI SINGH v. D.I.O.S. BALLIA AND ANR.

WRIA/21341/2002 · 2025-08-18

Donadi Ramesh

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:140860 Court No. - 38 Case :- WRIT - A No. - 21341 of 2002 Petitioner :- Dhanurdhari Singh Respondent :- D.I.O.S. Ballia And Anr. Counsel for Petitioner :- Devendra Pratap Singh Counsel for Respondent :- C.S.C.,Rajesh Kumar Singh Hon'ble Donadi Ramesh,J. 1. The present writ petition is filed for the following relief:- "(i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to make payment of salary to the petitioner for the post of Clerk in Sri Amar Nath Inter College, Kanso, District- Ballia. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to make payment of arrears of salary to the petitioner with compound interest at the rate of 14 %." 2. Pursuant to the notification dated 24.05.1994, the petitioner has participated in the selection process and he was selected and appointed as Clerk in the second-respondent Institution vide resolution dated 20.06.1994 and the appointment letter was issued to the petitioner on 25.06.1994. Accordingly, he is discharging his duties in the second-respondent Institution without any adverse remarks. When the respondents have not released the salary of the petitioner, the petitioner has moved several representations and finally on 08.01.2002. The respondents have not acted upon the said representations, therefore, the present writ petition is filed for payment of salary to the petitioner attached to the post of Clerk and also for release of arrears of salary. 3. Considering the submissions and also based on the material facts, this Court has passed interim directions on 20.05.2002 which reads as follows:- "In view of the aforesaid, it is hereby directed that the respondents will ensure payment of current salary to the petitioner within a period of six weeks from the date of presentation of a certified copy of this order or they will file counter affidavit/ show cause within the same period." 4. Consequently, the respondents have released the salaries to the petitioner from the month of July, 2005 onwards. The petitioner has also filed a supplementary affidavit along with latest salary slip. 5. Though, the respondents have complied with the order passed by this Court on 20.05.2002, but the respondents have not released the arrears of salary to the petitioner from date of appointment in the year 1994 to June, 2005. 6. Ms. Tanu Roopanwal, learned Standing Counsel has made further request for filing counter. As the writ petition is of the year 2002 and interim orders were also granted by this Court on 20.05.2002 and even after lapse of 20 years the respondents have not chosen to file counter affidavit, this Court is not inclined to grant any further time for filing of the counter affidavit. 7. Considering the submissions made by learned counsel for the petitioner and also the material placed along with supplementary affidavit dated 24.02.2022, the present writ petition is disposed of giving liberty to the petitioner to make fresh representation along with all relevant records before the first-respondent within a period of two weeks. On filing such representation/ claim by the petitioner, the first-respondent is directed to pass appropriate order on arrears of salaries of the petitioner. It is needless to say that if required, notice may be issued to petitioner as well as second- respondent. This exercise should be completed within a period of two months from the date of receipt of a copy of this order. Order Date :- 19.8.2025 AdityaG (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 Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad