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2024 Supreme(All) 1045

SUBHASH VIDYARTHI
Bhagirath Prasad Sharma – Appellant
Versus
State Of UP – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Om Prakash Chaube
For the Respondent: C.S.C.

JUDGMENT :

Hon’ble Subhash Vidyarthi, J.

1. Heard Sri Om Prakash Chaube, the learned counsel for the petitioner and Sri Pradipta Kumar Shahi, the learned Additional Chief Standing Counsel for the State respondents.

2. By means of the instant writ petition filed under Article 226 of the Constitution of India, the petitioner has challenged the validity of an order dated 20.01.2024 passed by the respondent no. 5 -Deputy Director of Education (Secondary), Jhansi rejecting the petitioner’s representation for payment of difference in salary for the post of officiating Principal for the period June, 2006 to 30.06.2009, on the ground that there was no provision of payment of salary of a post held on officiating basis at that point of time.

3. Earlier the petitioner had filed a Writ-A No. 227 of 2023 with the following prayers: -

    “i. To issue a writ, order or direction in the nature of mandamus commanding the respondents to make the payment of gratuity amount to the petitioner along with 9% interest with in stipulated time.

ii. To issue a writ, order or direction in the nature of mandamus commanding the respondent No.3 and 4 to consider the claim/representation dated 14.12.2022/16.12.2022 submitt

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