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IN THE HIGH COURT OF ALLAHABAD
VIVEK CHAUDHARY, J.
Ker Singh – Appellant
Versus
State Of U.P. And 3 Others – Respondent
Writ A No. 6224 of 2023
Decided on : 11-04-2023
Payment - Arrears of salary - Petition claiming payment of arrears of his salary – petitioner is permitted to make a fresh detailed representation to respondent no.3. [Para 4]
Finding of the Court: Petitioner is permitted to make a fresh detailed representation to respondent no.3 Member/Secretary, District Administrative Committee, Assistant Commissioner & Assistant Registrar, Cooperative Societies, raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all documents in support of his claim within a period of two weeks from today along with a certified copy of this order.
Result: Petition disposed of.
JUDGMENT :
1. Heard learned counsel for petitioner, Sri Satyam Singh, learned counsel for respondent no.2 and 3 and learned standing counsel for State.
2. Present writ petition is filed by the petitioner claiming payment of arrears of his salary. Learned counsel for petitioner submits that grievance of petitioner would be sufficiently met in case representation of petitioner for the said purposes is considered and decided in a time bound manner.
3. Learned counsel for respondents have no objection to the same.
4. In view thereof, petitioner is permitted to make a fresh detailed representation to respondent no.3 Member/Secretary, District Administrative Committee, Farrukhabad/Assistant Commissioner & Assistant Registrar, Cooperative Societies, Farrukhabad raising all his grievance, annexing therewith a copy of this writ petition along with annexures and all the documents in support of his claim within a period of two weeks from today along with a certified copy of this order.
5. In case such a representation is moved by petitioner, respondent no.3 shall consider and decide the same in accordance with law by a reasoned and speaking order within a period of two months from the date a certified copy of this order along with representation is placed before him.
6. It is made clear that this court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in
accordance with law.
7. With the aforesaid directions, the writ petition is disposed of.
Court has not applied itself on merits of case and all questions are left open to be considered and decided by competent authority.
Court directs fresh representation for pay fixation grievance consideration instead of direct writ relief.
The court directed the competent authority to revise pay scales and consider the petitioners' representation based on prior judgments, emphasizing timely resolution.
The State has a duty to address employee grievances and provide reasoned responses to representations, promoting natural justice and reducing litigation.
An employee exonerated in departmental proceedings is entitled to salary arrears; failure to respond to grievances is addressed through judicial directions.
Court has not applied itself on the merits of the case and all questions are left open to be considered and decided by the competent authority in accordance with law.
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