Rohit Singh Yadav @ Rohit Yadav v. State of U.P. and 8 Others

Court No. - 36 Case :- WRIT - A No. - 13200 of 2023 Petitioner :- Rohit Singh Yadav @ Rohit Yadav Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- C.S.C,Shriprakash Mishra Hon'ble Manjive Shukla,J.

¶1Heard Sri V.K. Singh, learned Senior Advocate, assisted by Sri Saroj Kumar Yadav, learned counsel appearing for the petitioner, learned Standing Counsel appearing for the Respondents No. 1 to 6 as well as Sri Shri Prakash Mishra, learned counsel appearing for the Respondents No. 8 & 9.

¶2Petitioner has filed this writ petition interalia praying therein for the following reliefs:-

(i) Issue, a writ order or direction in the nature of mandamus, thereby directing the respondents to release the salary of the petitioner month to month, as and when the same fall due, which is withheld from March 2023 to till date and grant all service benefits as admissible to the petitioner.

(ii) Issue, a writ, order or direction in the nature of mandamus, directing the Respondents to decide the representations dated 13.07.2023 ( contained as Annexure No. 14 to the writ petition)."

¶3Learned Senior Advocate appearing for the petitioner has submitted that since there is some issue in respect of attendance of Respondents No. 8 & 9, therefore, though petitioner has forwarded salary bills but in variation chart has shown them as absent from duty.

¶4On the other hand, learned counsel appearing for the Respondents No. 8 & 9 has submitted that petitioner is creating unnecessary hurdle in signing the attendance register. It has further been submitted that the petitioner has kept the attendance register with him and is not permitting the Respondents No. 8 & 9 to sign the same.

¶5Learned counsel appearing for the Respondents No. 8 & 9 has further submitted that a separate attendance register has been prepared by the Assistant Basic Education Officer, Block Suithakla, District Jaunpur in which Respondents No. 8 & 9 are putting their signatures and, therefore, there cannot be any question regarding their absence.

¶6It appears that there is some dispute in respect of the attendance of the teachers in the school and since single operation of the salary account is continuing, therefore, the issue can be resolved by the District Basic Education Officer, Jaunpur.

¶7Accordingly, let petitioner as well as Respondents No. 8 & 9 appear before the District Basic Education Officer, Jaunpur on

26.10.2023 and District Basic Education Officer, Jaunpur after hearing both the parties, shall pass necessary orders for payment of salary to the petitioner as well as Respondents No. 8 & 9.

¶8With the aforesaid directions, this writ petition is finally disposed of. Order Date :- 19.10.2023 n.u. High Court of Judicature at Allahabad