Jai Prakash Shukla v. State of U.P. Thru. Prin. Secy. Deptt. Agriculture Education and Research, Lko. and 3 Others

Court No. - 7 Case :- WRIT - A No. - 6265 of 2023 Petitioner :- Jai Prakash Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Agriculture Education And Research, Lko. And 3 Others Counsel for Petitioner :- Anjali Divedi Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned State counsel for respondent no.1 and Shri Prashant Kumar Singh, learned counsel appearing for respondent nos.2, 3 & 4. At the very outset, learned State counsel on the basis of instructions sent by Under Secretary, Agriculture states that an amount of approximately Rs.14 Crores, sanctioned vide order dated 25.10.2023, has been sent to the Narendra Dev University of Agriculture and Technology, Ayodhya. The instant petition has been filed praying for a direction to the respondents to make payment of salary to the petitioner regularly on a month to month basis. The contention of learned counsel for the petitioner is that despite the petitioner working on the post of Lab Assistant, salary has not been paid to him since April, 2023. It is contended that on making enquiry, it emerged that no funds are available with the University as a result, the salary could not be paid. However, as the State has now sent the amount of approximately Rs.14 Crores to the University, Shri Prashant Kumar Singh, learned counsel for respondent nos. 2 to 4 states that the entire amount of salary would be paid to the petitioner positively within within ten days from today. The aforesaid statement is recorded. Accordingly, the writ petition is disposed of with a direction that the University shall ensure that regular salary is also paid to the petitioner forthwith. Also, considering the Division Bench judgment of this Court in the case of Shiv Shankar Mishra Vs. State of U.P. (2015) SCC OnLine All 899 wherein the Division Bench of this Court has directed for payment of interest @9% per annum on the arrears of salary, the respondent shall consider the payment of interest on the arrears of salary also to the petitioner. Order Date :- 1.11.2023 S. Shivhare High Court of Judicature at Allahabad, Lucknow Bench