Ishwar Chand and 6 Others v. State of U.P. Thru. Secy. Madhyamik Shiksha Lko and 3 Others

Court No. - 7 Case :- WRIT - A No. - 9809 of 2023 Petitioner :- Ishwar Chand And 6 Others Respondent :- State Of U.P. Thru. Secy. Madhyamik Shiksha Lko And 3 Others Counsel for Petitioner :- Vinod Kumar Tripathi Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. Heard learned counsel for the petitioners and learned Standing Counsel for respondents no. 1 to 3. No notice be issued to respondent no. 4 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 instant writ petition has been filed praying for a writ of mandamus commanding the respondents to pay pending arrears of salary and retiral dues to the petitioners from the date of their retirement The contention of learned counsel for the petitioner is that dispite the order dated 21.02.2019, a copy of which is annexure 1 to the petition, having been passed by the Joint Director of Education in which the petitioners have been found eligible for grant of pay scale the same has still not been paid to the petitioner. After arguing the matter at some length, learned counsel for the petitioners submits that with regard to the reliefs sought in the writ petition, the petitioners may be permitted to submit fresh individual representations before the respondent no.3 i.e. District Inspector of Schools, Hardoi which may be directed to be decided within a time frame fixed by this Court to which learned Counsel for the respondents has no objection. In view of the above, it is provided that in case the petitioners submit individual representations within two weeks from today before respondent no.3 then respondent no.3 shall endevour to decide the same by means of reasoned and speaking order in accordance with law and the relevant rules within a further period of 8 weeks from the date of submission of the representations along with certified copy of this order. With the aforesaid direction, writ petition is disposed of. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioners. Order Date :- 20.12.2023 J.K. Dinkar High Court of Judicature at Allahabad, Lucknow Bench