Court No. - 18 Case :- WRIT - A No. - 42877 of 2010 Petitioner :- Ram Pyare Yadav Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajeev Kumar Mishra Respondent Counsel :- C. S. C. Hon'ble Arun Tandon,J.
Standing Counsel accepts notice on behalf of respondent nos. 1, 2 and 3.
Issue notice to respondent nos. 4 and 5 fixing 17th August, 2010 as the date.
Petitioner to take steps by speed within three days by speed post. All the
respondents may file counter affidavit by the next date fixed.
List on the date fixed.
Let Manager of the institution file his personal affidavit categorically stating
as to why this Court may not issue an order for payment of salary for the
period between 1981 till the date of reinstatement of the petitioner by the
management on 01.02.2008, specifically when no departmental enquiry has
been held in the matter of embezzlement qua which a First Information
Report was lodged against the petitioner. Such reinstatement by the
management has resulted in a claim being set up by the petitioner for payment
of salary for 29 years without actually working in the institution.
Prima facie this Court is of the opinion that the claim of the petitioner for
payment of salary in such circumstances would fall squarely upon the
Committee of Management only and not upon the State Exchequer. It is
further surprising that a person involved in embezzlement and against whom a
First Information Report is lodged and who did not work for 29 years is
recommended for further promotion by the same Committee of Management.
As an interim measure it is provided that the petitioner’s application for grant
of salary for the period he was under suspension may be considered by the
District Inspector of Schools. However, if it is found that the petitioner is
entitled to such salary, he shall issue appropriate order for recovery of the
same from the personal assets of the management and no money shall be
released from the State Exchequer.
Order Date :- 26.7.2010
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