Smt. Manorama Mishra and 2 Others v. State of U.P. Thru.Prin. Secy. Social Welfare Deptt. Lko. and 4 Others

Court No. - 7 Case :- WRIT - A No. - 9383 of 2023 Petitioner :- Smt. Manorama Mishra And 2 Others Respondent :- State Of U.P. Thru.Prin. Secy. Social Welfare Deptt. Lko. And 4 Others Counsel for Petitioner :- Salil Kumar Srivastava,Rahul Srivastava Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioners and Dr Uday Veer Singh, learned Additional Chief Standing Counsel appearing for the respondents no. 1 to 4. No notice be issued to respondent no. 5 taking into consideration the nature of order proposed to be passed. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. The contention of learned counsel for the petitioners is that despite the petitioners' continuous working as Headmaster so far as it pertains to petitioner no. 1 and Assistant Teacher so far as it pertains to petitioners no. 2 and 3 repeatedly the respondents tend to withhold the salary and only pay the same after much persuasion. Responding to that Dr Uday Veer Singh, learned Additional Chief Standing Counsel on the basis of the instructions sent by the Director, Scheduled Tribe Development, Uttar Pradesh Lucknow i.e. respondent no. 3 states that as the verification of the petitioners working is to be done by the respondent no. 5 and the verification did not come consequently their salary could not be paid. He further submits that now the verification has been done and the entire salary upto November 2023 has been sanctioned and would be paid to the petitioners shortly. It is not understood that in case the salary of the petitioners is only given upon verification to be done by respondent no. 5 as to what prevails upon the respondent no. 5 to not make the verification timely. Considering that the respondents have already sanctioned the salary upto November 2023, the writ petition is disposed of with a direction to the competent authority to ensure the payment of salary to the petitioners since March 2023 till November 2023 within a period of a week from today. It would also be ensured that timely verification is done by the respondents so as to entail regular and timely payment of salary to the petitioners henceforth provided there is no legal impediment. Order Date :- 18.12.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench