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2025 DAILYLAW 86730 (ALL)

JITENDRA KUMAR AND 5 OTHERS v. STATE OF U.P. AND 4 OTHERS

WRIA/11972/2025 · 2025-09-23

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11972 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant writ petition has been filed seeking for the following relief:- "i. Issue a writ, order or direction in the nature of certiorari to quash the order dated 29.04.2025 passed by respondent no. 4/District Inspector of Schools, Firozabad (Annexure No. 9 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus directing the respondents to pay arrears of salary since May, 2025 onwards and future salary to the petitioners including entire teaching and non-teaching staff of the college in future as and when it falls due. iii. Issue a writ, order or direction in the nature of mandamus directing the Director of Education to pass appropriate order on the application submitted by the petitioners including other entire staff of the college exercising the power under Section 16-D(3)(ii) for appointing authorized controller of the college. 2. Sri Gireesh Chand Tiwari, learned Standing Counsel appearing on behalf of State-respondents has vehemently submitted on instruction that all the petitioners have already paid salary upto the month of August. 3. At this juncture, learned counsel appearing on behalf of petitioners submitted that other staff of the college may also be paid salary, if they have worked and their salary may be considered whether they are working or not working in the said institution. If it is found that other employees are also working, they may also be paid by the institution. Versus Counsel for Petitioner(s) : Ramesh Chandra Dwivedi Counsel for Respondent(s) : C.S.C., Vineet Kumar Singh Jitendra Kumar And 5 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 4. Mr. Tiwari, learned Standing Counsel has no objection for the prayer as made by learned counsel for petitioners to make payment to the employees if they are working in the said institution. 5. Mr. Vineet Kumar Singh, learned counsel appearing on behalf of respondent no. 5 has vehemently opposed the submissions and submitted that present writ petition is nothing but a misuse of process of law. The employees who are working in the said institution are being paid and it is not disputed by other employees, who are not working as satisfaction of the management, they are not entitled to be paid. 6. Heard learned counsel for the respective parties. 7. In view of the above, respondent no. 4 is directed to verify the fact that other staff, who are employed in the institution/respondent no. 5, if working they are getting salary through their choice and the same salary was also paid to the rest of the staff, who are working in the management or not. 8. With the aforesaid directions/observations, the present writ petition is disposed of. September 24, 2025 Vibha Singh WRIA No. 11972 of 2025 2 (Chandra Dhari Singh,J.) Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad