HIGH COURT OF JUDICATURE AT ALLAHABAD Sanjay Kumar And 18 Others .....Petitioner(s)

Versus Director Provincial Rakshak Dal And 6 Others .....Respondent(s)

Counsel for Petitioner(s) : A.K. Maurya, Devendra Kumar Counsel for Respondent(s) : C.S.C., Subodh Kumar Court No. - 34 HON'BLE VIKRAM D. CHAUHAN, J.

1. This Court on 7.11.2014 has passed the following order:

"Pursuant to the order dated 8.5.2014 passed by this Court, a compliance affidavit dated 3.7.2014 has been filed by Sri Subodh Kumar, learned counsel for respondent No. 4 to 7 indicating therein that an amount of Rs.17,96,382/- has been paid to the petitioners on 23.5.2014 and the order passed by this Court dated 8.5.2014 has been complied with.

Learned counsel for the petitioners drew attention of the Court to paragraph 7, 8 and 9 of the counter affidavit filed on behalf of respondent Nos. 1 & 3 . It is specifically stated in paragraph 7 & 8 of the counter affidavit that the petitioners have worked in Door Sanchar Nigam, Mau from September, 2010 to December, 2011 and performed their duties. A sum of Rs.17,96,382/- was paid on 23.5.2014 towards their salary from September, 2010 to May, 2011. However, an amount of Rs.14,68,530/- was to be paid to the petitioners from June, 2011 to December, 2011. A letter dated 26.6.2014 has been written by the District Youth Welfare and Pradesik Vikas Dal Adhikari, Mau to the District Manager, Door Sanchar Nigam, Mau, respondent No.5 to disburse the said amount so that payment can be made to the petitioners. Submission is that till date, the payment has not been released by respondent No.5 towards the said undisputed amount.

instructions and bring on record the status of payment to be made to the petitioners towards salary from June, 2011 to December, 2011 to the tune of Rs.14,68,530/-.

Learned counsel for the petitioners shall inform about this order in writing to Sri List this matter on 24.11.2014."

2. Learned counsel for respondent nos.4 to 7 has relied upon the 2nd affidavit of compliance dated 14.12.2018 and has relied upon paragraph 2 of the said affidavit. Paragraph 2 is quoted hereinbelow:

"2. That, in view of the direction issued by this Hon'ble Court vide orders dated 07.11.2014 and 20.11.2018, the department has enquired into the file and has come to know that there are certain discrepancies in the bills which have been given by respondent No.3. It is also submitted that the bills which have been given by a delay of almost four years by the respondent No.3, which now needs to be cleared, the respondent No.3 has to provide GST number as per the GST Act and without there being GST number it will be not possible for the answering respondent to make payment of aforesaid period and, therefore, in view thereof a letter has been written by the department to the respondent No.3 on 22.11.2018 to send a fresh bill alongwith their ERP. This ERP is almost same as that of GST number. Copy of letter dated 22.11.2018 send to respondent No.3 is being annexed herewith and marked as Annexure No.1 to this affidavit."

3. Perusal of Paragraph 2 of the said affidavit would go to show that the bills sent by respondent No.3 in the year 2018, some discrepancies were found and respondent No.3 was asked to send bill again, however, bill has not been sent.

4. It is not in dispute that petitioners have worked under respondent Nos.4 to 7, however, the submission of learned counsel for respondent Nos.4 to 7 is to the effect that since correct bills has not been sent by respondent No.3 by whom petitioners were appointed, therefore, the bills could not be paid.

5. It is to be seen that work from petitioners were taken in the year 2011 and we are in the year 2026. After 15 years petitioners are waiting for their payment from two departments i.e. respondent Nos.4 to 7 and respondent No.3 and they are not resolving their internal discrepancies.

6. This is sorry state of affairs, respondent Nos.4 to 7 are directed that they shall unilaterally calculate the payment, which is