Court No. - 6 Case :- SERVICE SINGLE No. - 4702 of 2010 Petitioner :- Ramendra Prasad And Another Respondent :- State Of U.P.Through Its Secy.Secondary Edu.And Others Petitioner Counsel :- G.C.Verma Respondent Counsel :- C.S.C. Hon'ble Shabihul Hasnain,J.
Heard Sri G.C. Verma, learned counsel for the petitioner and the learned
standing counsel.
A simple case of the petitioners is that they are not being paid salary since
March, 2010. The petitioners, who are the regularly selected class IV
employees by the District Inspector of Schools, are working since 11.12. 2006
and since then they are getting salary regularly without any interruption.
Suddenly, there being no rhyme or reason, the Finance and Accounts Officer-
opposite party no. 4 has stopped the salary bill of the petitioners, as a result
the poor class IV employees are being harassed on account of financial
constraint. Even otherwise, salary is the basic right of an employee; be a
Government servant or the private.
On the basis of the instruction, learned standing counsel has informed this
Court that the Finance & Account Officer has stated that since papers had not
reached to him regarding bills of the petitioners, hence he has not made the
payment.
This Court is absolutely surprised and shocked with the instruction and the
statement sent by the Finance and Accounts Officer. A responsible Officer
like the opposite party no.4 is not expected to stop the salary of a class IV
employee, simply on the pretext that the lower authority or the referring
authority, has not sent the file or bills to him. He has the complete power to
extract any information from any other Officer, Principal or the Institution,
failing in his duties, casts doubt about his capacity to continue to hold the
post.
Without stating anything more against the Finance and Account Officer, this
Court directs him to look into the matter and ensure that the salary of the
petitioners are released forthwith and the current salary is paid regularly to the
petitioners.
The writ petition is, thus, allowed finally.
Order Date :- 15.7.2010
Sadiq