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Allahabad High Court

Netrapal Singh vs State Of U.P. And 4 Others on 8 August, 2019

Author: Neeraj Tiwari

Bench: Neeraj Tiwari





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 12039 of 2019
 
Petitioner :- Netrapal Singh
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Subhash Chand,Akhilesh Chandra Srivastava
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.
 

Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 & 2 and Sri Akhilesh Chandra Srivastava, learned counsel for the respondent nos. 3 & 4.

Learned counsel for the petitioner submitted that earlier he has filed Writ-A No.56974 of 2016 (Netrapal Singh Vs. State of U.P. and 4 others) for payment of salary, which was disposed of vide order dated 1.12.2016 with direction to consider and decide the claim of petitioner. He next submitted that pursuant to that, salary of the petitioner has been granted, but till date arrears of salary of the petitioner from the year 2008 to 2016 has not been paid. For which, he has moved representation dated 16.7.2019 before the respondents, but till date same has not been decided. Lastly, he submitted that a suitable direction may be issued to respondent no.4 to decide the representation of the petitioner dated 16.7.2019.

Mr. Akhilesh Chandra Srivastava, learned counsel for the respondent nos. 3 & 4 submitted that representation of the petitioner is absolutely vague and further submitted that he may be directed to file fresh representation before the respondent no.4 and in case, any such fresh representation is filed, he shall consider and decide the same in accordance with law.

Considering the facts and circumstances of the case, the writ petition is disposed of with liberty to the petitioner to file fresh representation before the respondent no.4 within two weeks from today. In case any such representation alongwith certified copy of this order is filed by the petitioner, respondent no.4 is directed to consider and decide the same maximum within six weeks from the date of receiving of representation.

It is made clear that Court has not adjudicated the case on merits and it is upon the respondent no.4 to decide the representation of the petitioner after considering the Rules and Government Orders occupying the field.

Order Date :- 8.8.2019 Junaid