Court No. - 18 Case :- WRIT - A No. - 1659 of 2010 Petitioner :- Smt. Chandra Mati Respondent :- State Of U.P. & Others Petitioner Counsel :- P.K.S. Paliwal Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard Sri P.K.S.Paliwal, learned counsel for the petitioner and
learned Standing Counsel, who has accepted notice on behalf of
respondents.
The petitioner alleges that she was appointed and is working as
Assistant Teacher in the Anusuchit Jati Prathmik Pathshala,
Sundhi, Azamgarh since 1985 and when the substantive vacancy
became available in the institution, the Zila Samaj Kalyan
Adhikari, Azamgarh vide order dated 29.12.2001 regularised her
services as Assistant Teacher in the aforesaid institution as third
teacher but she has not been paid salary so far.
Submission is that initially the order dated 29.12.2001 was
challenged by one Dinanath by filing Civil Misc. Writ Petition
No.7004 of 2002 and an interim order was obtained. The said writ
petition has now been dismissed vide order dated 12.5.2008 and,
therefore, there is no legal impediment in the way of respondents
in making payment of salary to the petitioner with effect from
29.12.2001.
In view of aforesaid facts and circumstances, respondent no.3 is
directed to pay the salary of the petitioner with effect from
29.12.2001 within a period of six weeks from today or show cause
by filing counter affidavit.
List after expiry of six weeks.
Order Date :- 18.1.2010
BK