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P.H. RAI versus D.E.

High Court of Judicature at Allahabad

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P.H. Rai v. D.E. - WRIT - A No. 5465 of 1994 [2007] RD-AH 8046 (30 April 2007)


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Court No.26

Civil Misc. Writ Petition No. 5465 of 1994

Param Hans Rai             versus      The Director of Education

                                                      U.P. Education Finance

                                                       Anubhag-1, Allahabad


Hon'ble Rakesh Tiwari, J

           Heard counsel for the parties and perused the record.

The only controversy raised by the petitioner in this writ petition is that he has not been paid revised pay scale as revised from time to time by the State Government.

The counsel for the petitioner submits that a compromise was entered into between the petitioner and the Committee of Management. Civil Suit No. 33 of 1976 filed by the petitioner was decided in terms of the aforesaid compromise.  Accordingly, the petitioner made representations dated 1.1.83, 5.11.91, 9.3.92 and 16.7.1991 for payment of revised pay scale to the Committee of Management as well as the DIOS,Mahrajganj  which have remained unactioned till date and his salary for the aforesaid period has not been paid to him.

The counsel for the petitioner states that similarly situated persons have been given revised pay scale but the claim of the petitioner has not been considered by the authority concerned, hence a direction may be issued to the authority concerned for deciding the representation of the petitioner within a time bound frame fixed by this Court.

The Standing counsel has no objection to this prayer.

Perusal of the aforesaid alleged representations by the petitioner show that the said representations are only the letters addressed by the petitioner to the Committee of Management as well as the DIOS but no basis or details have been given in the aforesaid letters in support of the claim of the petitioner.

In the circumstances, the petition is disposed of finally with a direction that in case the petitioner files a fresh comprehensive representation before the DIOS Mahrajganj within one month from today, the same shall be decided by him by a reasoned and speaking order, in accordance with law, within a period of two months from the date of production of a certified copy of this order.

Dated 30.4.2007




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