Rajesh Kumar Yadav vs State Of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 115

J. J. MUNIR
Rajesh Kumar Yadav – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Siddharth Khare

JUDGMENT :

1. This writ petition is directed against an order dated 29.10.2018 whereby the respondents have declined payment of petitioner's arrears of salary for the period 14.9.2011 to 1.5.2017 on the principle of "no work no pay". A mandamus is further sought ordering the respondents to sanction and disburse arrears of salary for the period 14.9.2011 to 1.5.2017 with interest at such rate as the Court may specify. There is a further direction sought commanding the respondents to sanction Assured Career Progression for the petitioner also, within a specified period of time.

2. Parties have exchanged affidavits.

3. Admit.

4. By consent of parties, heard forthwith.

5. Heard Mr. Siddharth Khare, learned Counsel for the petitioner and Mr Praveen Ojha, learned Additional Chief Standing Counsel appearing on behalf of the state.

6. The short facts giving rise to this petition are that the respondents who are the Government of U.P. issued an advertisement for the post of Nalkoop Mistri (for short 'the post in question) on 09.08.2004. The petitioner was duly selected, and consequent upon selection, appointed to the post in question on 12.10.2004. His services were regularized by an order dated

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