Court No. - 26 Case :- WRIT - A No. - 46086 of 2007 Petitioner :- Vivek Kumar Tiwari Respondent :- State Of U.P. And Others Petitioner Counsel :- Yogesh Agarwal Respondent Counsel :- C.S.C.,Ashutosh Dwivedi Hon'ble Anil Kumar,J.
Heard Sri Yogesh Agarwal, learned counsel for the the petitioner and Sri
Arvind Kumar, learned Additional Chief Standing Counsel on behalf of the
respondents.
In brief the facts of the present case as submitted by learned counsel for the
petitioner are that the petitioner’s mother Smt. Shanti Devi was working as
Assistant Teacher L.T. Grade in an institution known as Cement Factory Inter
College, Dala, District Sonebhadra is governed by the provisions as provided
under U.P. Intermediate Rules, 1921 read with Payment of Salaries of
Teachers and Other Employees Act, 1971. During her tenure of the services,
she expired on 10.01.2000. Accordingly, an application/representation has
been moved by the petitioner in respect to payment of some unpaid dues
which are payable to his mother.
It is further submitted by learned counsel for the petitioner that till date no
heed has been paid in the matter in question, as such the petitioner has filed
the present writ petitioner before this Court praying therein that the main
relief that the opposite parties be directed to pay to the petitioner all arrears of
salary of petitioner’s late mother from 1986 to 2000 and also to make payment
to him of the salary payable to the petitioner’s late mother for her medical
leave from 23.6.1998 to 8.1.2000 in full for the first twelve months and half
of the salary for the next six months with interest and the damages.
In view of the the abovesaid facts and in the interest of justice, the petitioner
is permitted to make a fresh representation to O.P. No. 4 (District Inspector of
Schools, Sonebhadra) within a period of two weeks from the date of receiving
the certified copy of this order annexing all the relevant documents and
materials in support of his case along with self addressed envelope and after
receiving the same O.P. No. 4 shall consider and dispose of by way of
speaking and reasoned order in accordance with law within a further period of
six weeks thereafter and communicate the same to the petitioner.
With the above observations, the writ petition is finally disposed of.
Order Date :- 2.7.2010
Ravi/-