Chief Justice's Court Case :- SPECIAL APPEAL No. - 1043 of 2010 Petitioner :- Raj Veer Singh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Yogendra Sahai Saxena Respondent Counsel :- C.S.C. Hon'ble Ferdino Inacio Rebello,Chief Justice Hon'ble Amreshwar Pratap Sahi,J.
Heard counsel for the parties.
We find from the record that petitioner has annexed a document
showing that he was paid salary from government grants being a sum of
Rs. 23,876/- for the period from March 2007 to June 2007. It is no doubt
that earlier to the approval to the appointment of the petitioner, the
salary was being paid by the management. Subsequently, however, the
School became on the grant-in-aid and it appears that the post of the
petitioner was also included in the grant-in-aid and in these
circumstances, the salary has been paid to the petitioner.
The communication dated 24.6.2009 by the District Basic Education
Officer to the management indicates that the management was called
upon to submit the requisite papers with regard to the grievance made
by the petitioner about his salary. All this indicates that the petitioner’s
salary was on an aided post and he would be entitled for salary. In the
light of that, following orders are issued. The District Basic Education
Officer, Muzaffarnagar, to consider the claim of the petitioner for leave
salary for the period for which he was entitled to and thereafter within 6
weeks the salary, which has not been paid to pay the same according to
law. The petitioner shall serve the said order on the said authority.
Considering the above, the order of the learned single Judge is set
aside and the Appeal is allowed to the aforesaid extent.
Order Date :- 9.7.2010
Irshad