Allahabad High Court
Anoop Kumar Shukla vs State Of U.P. And 4 Others on 9 September, 2020
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 71 Case :- WRIT - A No. - 6680 of 2020 Petitioner :- Anoop Kumar Shukla Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Manu Saxena Counsel for Respondent :- C.S.C.,Santosh Kumar Hon'ble Mahesh Chandra Tripathi,J.
Heard Shri Manu Saxena, learned counsel for the petitioner and Shri Devesh Vikram, learned Standing Counsel for the State respondents.
In view of the order proposed to be passed, notices need not to be issued to the third respondent.
The present writ petition has been preferred with the prayer to command the respondents to pay the arrears of salary to the petitioner w.e.f. 13.03.2014 till 05.03.2020, after deducting the part of subsistence allowance paid to the petitioner during the period of suspension, within time specified by this Court. Further prayer has been made to command the respondents to pay month to month salary to the petitioner w.e.f. 05.03.2020 and also pay interest @ 18% per annum to the petitioner over the arrears of salary during the period of suspension.
Earlier the petitioner has preferred Writ Petition no.50180/2016 (Anoop Kumar Shukla vs. Zila Basic Shiksha Adhikari and others) assailing the validity of suspension order dated 13.03.2014. Finally vide order dated 06.12.2019, the said writ petition was disposed of with following observations:-
"Heard learned counsel for parties.
Supplementary Affidavit filed on behalf of petitioner be taken on record.
While filing the said affidavit, Shri Manu Saxena informed to the Court that so far as the inquiry is concerned, the same has been concluded with certain punishment by the order dated 17.09.2019 passed by the District Basic Education Officer, which is annexed as Annexure SA-1 to the supplementary affidavit.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending consideration.
With the consent of parties, without entering into the merits of the case, the writ petition is disposed of asking the District Basic Education Officer, Shahjahanpur to do the needful in the mater in response to the order dated 17.09.2019 within the period of ten days from the date of production of certified copy of this order. It is clarified that in case the petitioner is entitled for any payment, the same shall also be ensured within two months thereafter."
Once the said order has not been complied with the petitioner has again approached this Court by preferring Contempt Application (Civil) no.344/2020. The said application was disposed of vide order dated 21.01.2020 according one more opportunity to the opposite party-respondent to comply with the order dated 06.12.2019 within three weeks.
Learned counsel for the petitioner submits that in response to the aforesaid order, the services of the petitioner has been reinstated but till now the arrears of the aforesaid period of suspension has not been ensured. He has drawn the attention of the Court on letter dated 17.03.2020 written by Zila Basic Shiksha Adhikari/respondent no.3 addressed to the respondent no.5 asking to pay arrears of salary to the petitioner. In this backdrop, he prays that direction may be issued to the respondent no.3 to ensure payment of aforesaid arrears otherwise he may pass the order of single operation against the respondent no.5.
So far as legal and factual aspect is concerned, the same is not disputed by learned Standing Counsel.
In the facts and circumstances of the case, the writ petition is disposed of asking the Zila Basic Shiksha Adhikari/respondent no.3 to ensure payment of arrears to the petitioner pursuant to his letter dated 17.03.2020 and in case the respondent no.5 fails to comply with the directions, he would be at liberty to proceed in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :-9.9.2020 A. Pandey