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Allahabad High Court · body

2016 DIGILAW 2247 (ALL)

Hari Narayan Singh v. State of U. P.

2016-06-28

ARVIND KUMAR TRIPATHI

body2016
JUDGMENT Arvind Kumar Tripathi,J. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent no. 1 and 2, learned counsel appearing on behalf of respondent no. 3. 2. The preset writ petition has been preferred with the prayer to issue a writ order or direction in the nature of mandamus commanding the respondent authorities to grant arrears of salary to the petitioner from 1.7.2015 up till October 2015 with interest at a rate to be specified by this Court. Further prayer is to issue a writ order or direction in the nature of mandamus commanding the respondent authorities to grant one additional increment from July 2015 onwards, the petitioner was entitled for and to compute the pension of the petitioner after including the service rendered by him up till 31.3.2016. Further prayer is grant arrears of pension with interest after computing the length of service of the petitioner up till 31.3.2016 within a time to be specified by this Court. 3. Learned counsel for the petitioner submitted that the petitioner was appointed and working as Head Master in Janta Purva Madhyamik Vidhyalaya, Harpur Pakadi, Siswa Bazar, District Maharajganj, which is under grant-in-aid list under the State Government and is recognised under the provision of U. P. Basic Education Act 1972. Hence, the petitioner is covered for payment of salary under the provision of U.P. Junior High Schools (Payment of Salary of Teachers and other Employees) Act 1978. The academic session of the school was changed from the month of July every year to the month of April every year by means of amendment dated 9.12.2014, pursuant to which the teachers who were scheduled to retire at the end of academic session which was earlier 30th June of every year stood changed to 31st March of every year. The date of birth of the petitioner is 8.5.1953. Hence, he was entitled to continue and work till 31st March, 2016. In identical matter, number of petitions were filed before this Court in which orders were passed by this Court to permit those petitioners to work on their respective post till 31st March which was the end of the academic session, pursuant to which a general order dated 8.10.2015, was issued by the State Government. 4. In identical matter, number of petitions were filed before this Court in which orders were passed by this Court to permit those petitioners to work on their respective post till 31st March which was the end of the academic session, pursuant to which a general order dated 8.10.2015, was issued by the State Government. 4. Learned counsel for the petitioner further submitted that in pursuance of the aforesaid order, the petitioner continued to work till 31.3.2016 and retired from the post of Head Master. However, the salary for the period from July 2015 to October 2015 for which the petitioner was entitled, was not paid. The petitioner submitted a representation dated 11.3.2016 before the Basic Shiksha Adhikari, Maharajganj (respondent no. 3) for payment of arrears of salary for the period from July 2015 to October 2016. Basic Shiksha Adhikari Maharajganj vide order dated 16.3.2016 directed Finance and Accounts Officer, Basic Education Maharajganj for payment of arrears of salary in favour of the petitioner, however, till date no payment has been made. Hence, the prayer is to issue direction for payment of arrears of salary for which the petitioner was entitled. 5. Learned Standing Counsel submitted that direction has already been issued by the Basic Shiksha Adhikari Maharajganj and if the payment has not been made to the petitioner for which he is entitled, the same will be considered by the authorities concerned. 6. Considered the submissions of learned counsel for the parties. If in view of the Government Order, the petitioner was entitled and continued to work till 31.3.2016 and the salary was paid to him except for the period from 1.7.2015 to 31.10.2015, for which even the direction was issued by the Basic Shiksha Adhikari vide order dated 16.3.2016 (annexure-6 to the writ petition), then the arrears of salary has to be paid to the petitioner without any further delay within a reasonable period and no such direction is required by this Court. 7. However, if the payment has not been made as yet for the above-noted period, the respondent no. 2, 3 and 4 are directed to consider prayer of the petitioner for payment of arrears of the salary for the period from 1.7.2015 to 31.10.2015, without unreasonable delay preferably within six weeks, after service of copy of this order. With aforesaid observation and direction, the present petition is finally disposed of.