Atul Kumar Sharma v. State of U.P. and 4 Others

Court No. - 10 Case :- WRIT - A No. - 16482 of 2023 Petitioner :- Atul Kumar Sharma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Akshayavar Nath Pandey,Ayush Kaushik Counsel for Respondent :- C.S.C.,Narendra Bahadur Singh Hon'ble Kshitij Shailendra,J.

¶1This writ petition has been nominated to this Bench under the order dated 09.10.2023 passed by Hon'ble the Chief Justice.

¶2Heard Shri Indra Mohan Singh, learned counsel holding brief of Shri Ayush Kaushik, learned counsel for the petitioner, learned Standing Counsel for the respondent No. 1 and Shri Mukesh Kumar Singh, learned counsel holding brief of Shri Narendra Bahadur Singh, learned counsel for respondent Nos 2 to 5 and perused the record.

¶3By means of this writ petition, a direction has been sought for consideration and decision on the petitioner's representation dated

03.08.2023.

¶4I have perused the said representation, by which the petitioner has prayed for salary for a period of three years and four months w.e.f. 28.05.2018 to 13.10.2021.

¶5Learned counsel for the petitioner submits that though the petitioner has been reinstated on his post, the salary for the aforesaid period has not been paid to him and, therefore, a representation dated 03.08.2023 has been moved by him.

¶6I have perused the record and I find that the services of the petitioners were terminated on 29.05.2018 and his departmental appeal was dismissed, however revision preferred by him was allowed on 17.08.2021 with the following directions: "

अतएवककततयपबनधक,

बरकलतददरदपदररतदणडददकशससखयद-

बतआर/ 1-

डत/18-2828

ददनदसक29.05.2018

एवसअपतलतयअधधकदरतपधदनपबनधक(वददणजय)

दनगमममखयदलयददरदपदररतअपतलतयआदकशससखयद-281 /

ररडत/19-88

अपतल/ 2018

ददनदसक27.03.2019

करदनरसतकर,

ररवतजनकतदरकक03

वररककवददररक

वकतनववददयदयदबनदभदवषयपभदवककररकतकहहए,

ररवतजनकतदरकरसकवदममबहदल

दकयदजदतदहह।ररवतजनकतदरकरसकवदसकबदहररहनकककअवधधकदकरईवकतनएवस

दवततयलदभदकयनहहहरगद,

परनतमसकवदककतदरतमयतदबनतरहकगत"

¶7Admittedly, the order dated 17.08.2021 has not been challenged and, therefore, in view of specific stipulation contained to the effect that the increment has been stopped and the petitioner shall not be entitled for salary for the period during which he remained out of service, I find that the representation dated 03.08.2023 contains a prayer contrary to the decision taken by the revisional authority.

¶8In view of above, once this Court is satisfied that no relief can be granted to the petitioner from the department so long as the order dated 17.08.2021 stands as it is, the representation is found to be not maintainable and no direction for its consideration can be issued by this Court.

¶9In view of above, the writ petition is dismissed. Order Date :- 26.10.2023 Sazia High Court of Judicature at Allahabad