Sanjay Kumar Tiwari @ Sanjay Kumar Tripathi and Another v. State of U.P. and 4 Others

Court No. - 35 Case :- WRIT - A No. - 20356 of 2023 Petitioner :- Sanjay Kumar Tiwari @ Sanjay Kumar Tripathi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shashi Bhushan Mishra Counsel for Respondent :- C.S.C. Hon'ble Vikas Budhwar,J.

¶1Heard Sri Shashi Bhushan Mishra, learned counsel for the writ petitioner who are two in number as well as Sri Dhirendra Singh, learned Standing Counsel who appears for respondents No. 1 to 4.

¶2In view of the order which is being proposed to be passed today, notice is not being issued to the fifth respondent.

¶3The writ petitioners claim to be appointed on 05.12.2008 by the Principal, Sri Parashuram Inter College Pakwainar, District Ballia when the approval was not being accorded to his appointment, he preferred the writ petition No. 11954 of 2008 pursuant whereto approval has been accorded to the writ petitioners on 04.12.2008.

¶4Grievance of the writ petitioners is that despite the fact that approval has been accorded but he has not been paid salary.

¶5Sri Shailendra Singh, learned Standing Counsel who appears for the respondents submits that the issues which the writ petitioners seek to raise needs determination at the first instance by the third respondent, thus, the writ petitioners may represent his cause before the third respondent. He further submits that he does not propose to file any response to the writ petition.

¶6Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being disposed of granting liberty to the writ petitioners to approach the third respondent, District Inspector of Schools, Ballia by filing a comprehensive representation along with self attested copy of the writ petition and on the receipt of the same the third respondent shall put to notice the fifth respondent and decide the claim of the writ petitioners bearing in mind the existence of the approval order dated

04.12.2008 which is stated to have been passed in favour of the writ petitioner within a period of six weeks from the date of production of certified copy of the order. Order Date :- 8.12.2023 Rajesh High Court of Judicature at Allahabad