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AKHILESH PRASAD DUBEY versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Akhilesh Prasad Dubey v. State Of U.P. And Others - WRIT - A No. 37461 of 2005 [2007] RD-AH 6183 (5 April 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

COURT NO.9

CIVIL MISC. WRIT PETITION NO. 37461 OF 2005

Akhilesh Prasad Dubey

versus

State of U.P. And others

HON. V.M. SAHAI, J.

HON. SHISHIR KUMAR,J.

We have heard Sri Raj Kumar Pandey learned counsel for the petitioner and the Standing Counsel appearing for the respondents.

The petitioner was working as Assistant Lecturer (Mechanical Engineering) in Government Polytechnic, Mirzapur. He was attached to Mahila Polytechnic, Ballia. His attachment came to an end on 28.12.2004 but the order was not served on him and he continued to work at Mahila Polytechnic, Ballia till 11.5.2005. This writ petition was filed by the petitioner on the ground that his salary has not been paid from November 2004 till date. In the counter affidavit filed by the State Government in para 10 it has been stated that the salary of the petitioner up to 11.5.2005 has been paid. The only dispute remains is with regard to salary from 12.5.2005 to 30.6.2006. In this regard the petitioner has filed a copy of his joining report as Annexure-3 to the rejoinder affidavit which demonstrates that the petitioner had joined on 12.5.2005 in Government Polytechnic, Mirzapur but since the joining report was not accepted , therefore, he sent his joining report by registered post on the same day. However, ultimately the petitioner was permitted to join and he worked from 1.7.2001. In our opinion since the petitioner has immediately joined on 12.5.2005 and this fact that he joined on 12.5.2005 and after the refusal of the joining report by the Principal, he sent his joining report by registered post, is not disputed, in this view of the matter we find that the petitioner is entitled for payment of arrears of his salary from 12.5.2005 to 30.6.2006.

Learned counsel for the respondent has  urged that in para 10 of the counter affidavit filed by Sri Shyam Narain Singh, Principal of the Government Polytechnic, Mirzapur   has stated as under:

"10. That in reply to the contents of paragraph 10 of the writ petition, it is stated that attachment of the petitioner from Govt. Polytechnic, Ballia was cancelled vide order dated 25.12.2004 passed by Joint Director, Tech. Education, Eastern Region, Varanasi but even after this, the petitioner has not joined his duty in Govt. Poly- technic, Mirzapur and continued to work in attached polytechnic but the same was not certified and as such the salary of the petitioner was withheld and after verification of the work of the petitioner, order has been passed for payment of salary to the petitioner from 1.11.2004 to 11.5.2005 and the salary bill has been produced in treasury, Mirzapur and in this way, it is clear that the relief sought fro by the petitioner in this writ petition, has been granted to him by submitting salary bill in treasury, Mirzapur. Copy of the order dated 25.12.2004, order dated 14.10.2005, order of payment, as well as salary bill of the petitioner, are filed herewith as Annexure-CA-2, CA-3,CA-4 and CA-5 to this affidavit. Letter of principal Govt. Polytechnic, Mirzapur written to Principal Govt. Polytechnic, Ballia is annexed as Annexure-CA-5A and CA -5 B   also to this affidavit."

From the assertions made it appears that the salary of the petitioner has been paid from 1.11.2004 to 11.5.2005 whereas the learned counsel for the petitioner has urged that the salary to the petitioner has been paid only till 30.4.2005. Therefore, we believe the statement of the principal that salary from 1.11.2004 to 11.5.2005 has been paid to the petitioner. However, if salary from 1.5.2005 to 11.5.2005 has not been paid to the petitioner, in that event, the same shall also be paid to the petitioner.

In the result the writ petition succeeds and is allowed. A writ of mandamus is issued commanding the respondents to pay salary to the petitioner from 12.5.2005 to 30.6.2006 on the post of Assistant Lecturer (Mechanical Engineering), Government Polytechnic, Mirzpaur and salary from 1.5.2005 to 11.5.2005 shall also be paid to the petitioner if not already paid, within three months from the date a certified copy of this order is produced before respondent no.4 along with other benefits of the service.

Parties shall bear their own costs.

5.4.2007

V.Sri/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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