Pradeep Kumar Singh Baghel, J. - (1.) BY way of this petition, the petitioner has approached this Court for a direction to the respondents to pay the salary of the petitioner on the post of Lab. Assistant in District Institute of Education And Training, (hereinafter referred to as D.I.E.T.), district Mau.
(2.) THE short facts leading to the present litigation are that the petitioner claims to be appointed as Lab.Assistant on 3.10.1997 in D.I.E.T., district Mau. A copy of the appointment letter is annexed as Annexure -1 to the writ petition. the petitioner states that he was paid his salary upto February, 1999. However, the Joint Director of Education, Azamgarh Region, vide communication dated 12.4.99 issued a list of Nine Clerks and Four Class -IV employees in the D.I.E.T., district Mau. But the name of the petitioner and Lachchi Ram Yadav do not find place in the said list. A copy of the said letter is annexed as Annexure -4 to the writ petition. Consequent there upon the salary of the petitioner and of one Lachchi Ram Yadav who was a Class -IV employee was stopped, as the concerned authority was bound to pay the salary to only those employees whose names find place in the communication of the Joint Director of Education mentioned above. Earlier Lachchi Ram Yadav who's salary was also stopped approached this Court by means of Writ Petition No. 50444 of 2000 challenging the order of the Joint Director of Education, Azamgarh Region dated 12.4.99 (supra). After exchange of affidavits this Court by its order dated 12.12.2002 set aside the order of the Joint Director of Education dated 12.4.99 and issued a direction to the respondents to permit the petitioner therein (Lachchi Ram Yadav) to continue as Class -IV employee and pay his entire salary on the post of Class -IV employee including arrears of salary within a period of three months. A copy of the judgment of this Court is annexed as Annexure -5 to the writ petition. The Court has been informed by both the parties that this judgment has attained finality and it has been given effect to.
(3.) THE petitioner had made a representations for payment of his salary to the Director, State Education Research And Training Council, U.P. Lucknow and to the Joint Director of Education as well as to the Principal, D.I.E.T., district Mau. From perusal of the record, it appears that petitioner had made some representations to the State Government also. The Deputy Secretary, State Government vide his communication dated 31.7.2003 asked the Director, State Education Research and Training Council, U.P. Lucknow (respondent no. 2 to the writ petition) to consider the matter of the petitioner and take appropriate action. The respondent no. 2 vide his communication dated 12th August, 2003 addressed to the Principal, D.I.E.T., district Mau sought his comments so that the State Government may be informed with regard to payment of salary to the petitioner. A copy of the communication of the Director to the Principal, D.I.E.T., district Mau is annexed as Annexure -11 to the writ petition.;