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Singhasan v. State Of U.P. And Others - WRIT - A No. 40523 of 2004  RD-AH 6682 (30 November 2005)
Hon'ble Rakesh Tiwari , J.
Heard learned counsel for the parties and perused the record.
The petitioner was a Tractor Trolley Driver in Town Area, Bilthara Road, Ballia. He was appointed through Selection Committee in a temporary pay scale on 12.12.1993 vide appointment letter contained in Annexure 1 to the writ petition. When the salary of the petitioner for the months of August 1999 to January 2001 was not paid, he made a representation in this regard on 1.2.2001 to the President, Nagar Panchayat, Bilthara Road, Ballia who ordered to pay the same after availability of funds. However, he was paid his salary from March 2001 to March 2002, but again from April 2002 to December 2003 his salary has been stopped to be paid. The petitioner again moved a representation to the President, Nagar Panchayat, Bilthara Road, Ballia on which the same order was passed as was passed on his earlier representation dated 1.2.2001. The petitioner states to have gone on leave for three days from 8.7.2004 to 10.7.2004 on medical ground which he alleges to have not been granted and vide order dated 15.7.2004 his services have been terminated.
The petitioner has prayed for quashing of the impugned order of termination dated 15.7.2004 and for payment of arrears of salary from August 1999 to January 2001 and from April 2002 to December 2003.
With regard to non-payment of arrears of salary, it has been stated in the counter affidavit that due to non-availability of funds the same could not be paid to the petitioner. In so far as termination of services of the petitioner is concerned, it has been stated in the counter affidavit that his services have been terminated on complaint by public against which the petitioner has alternative remedy by filing an appeal before the Commissioner.
Admittedly the salary of the petitioner for the months from August 1999 to January 2001 and from April 2002 to December 2003 have not been paid due to paucity of funds which is not a good ground for non-payment of salary.
The writ petition is allowed with direction to respondent no. 4 to ensure payment of arrears of salary of the petitioner for the aforesaid periods with interest at the rate of 10% per annum within a period of six weeks from the date of production of a certified copy of this order. In case of default the recovery shall be made from the erring officers as arrears of land revenue within one month thereafter and shall be paid to the petitioner forthwith within a week of its recovery. Cost is assessed at Rs. 5000/- on respondent nos. 4 and 5 to be paid to the petitioner within a month for not taking action for payment of arrears of salary to the petitioner within time and in making the poor employee run from pillar to post for non-payment of his salary without any just cause.
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