High Court · 2016

1. Heard Sri Kripa Shanker Singh, learned Senior Counsel assisted by Sri Gaurva Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. The present writ petition has been filed by the petitioner for payment of salaries month to month regularly to the petitioner and also to pay arrears of salaries from 28.12.2016 till date.

3. Submission is that the petitioner has passed Prathma in 2nd division in the year 1995, Madhyama (Visarad) Part-I in the year 1996, Madhyama (Visarad) Part-II in the year 1997. Accordingly, certificates were issued on 31.08.1998. Subsequently, the petitioner graduated in the year 2001 and post graduated in the year 2003 from Lucknow University. Based on the same, the petitioner has made an application in response to the notification published for the post of lecturer in Hindi in the Government Degree College. Accordingly, he was called for interview on 28.02.2008 and he was declared as successful and appointment letter was issued on 29.07.2008. After thorough verification of the certificates of the petitioner, the respondents permitted the petitioner to join on 29.07.2008. Therefore, he joined and after regularization on 28.12.2016, he continued to work to the satisfaction of the authorities concerned.

4. Thereafter, the 3rd respondent issued a letter dated 12.04.2017 stating that Prathma and Madhyama certificates were sent to the Hindi Sahitya Sammelan, Prayag, 188 Bahadurganj, Allahabad for verification and the same were returned undelivered. It was informed that without verification of the certificates, it is not possible to pay salary. In reply to the notice, the petitioner had supplied Institution address vide letter dated 17.05.2017 to the 3rd respondent and also issued reminder on 08.08.2017 for release of the salary of the petitioner. When the respondents were not inclined to release salaries, the petitioner filed the present writ petition.

5. Considering the submissions and on perusal of the records, this Court passed interim order on 10.01.2018 which reads as follows: "The petitioner was appointed in a Degree College on contractual basis as lecturer in the year 2008. He was transferred to Rajkiya Raza Snatkottar Mahavidyalaya, Rampur. Under the U.P. Government Degree Colleges Contractual Working Lecturers Regularization Rules, 2016 the services of the petitioner were regularized vide office order dated 26th December 2016 but after such regularization the salary of the petitioner has not been paid on the pretext that his testimonials are under verification. The submission of Sri Kripa Shankar Singh, learned counsel for the petitioner is that all his testimonials were duly verified at the time of regularization and as such payment of salary can not be stopped on the above ground. Learned Standing counsel has accepted notice on behalf of respondents no. 1,2 and 4. Issue notice to respondent no. 3. List for admission/final disposal after six weeks. In the meantime, interim mandamus is issued to the respondents to either pay the salary of the post of lecturer to the petitioner w.e.f.26.12.2016 within a period of six weeks or to show cause."

6. Despite the above directions of this Court, the respondents have not released salaries and admittedly the petitioner is working in the Institution.

7. Based on the above facts, learned Senior Counsel appearing for the petitioner has submitted that the petitioner was appointed subject to selection process and as per Rules. The authorities more particularly 3rd respondent has verified certificates and permitted the petitioner to join duties and further after regularization of services, joining orders were also passed. That being the situation, the respondents ought not to have withheld salaries of the petitioner. Admittedly, the respondents have not passed any order and also have not issued any notice with regard to certificates of the petitioner except vide letter dated 12.04.2017 stating that they have sent a registered post to Hindi Sahitya Sammelan, Prayag, 188 Bahadurganj, Allahabad, for verification and the said registered post was returned undelivered. It was observed that without verification of certificates, it will not be possible to pay salary to the petitioner. Except that, the respondents neither intended to pass any order nor to release salaries. In the said circumstances, learned Senior Counsel appearing on behalf of the petitioner has requested to dispose of this writ petition with specific directions to the respondents to release salaries to the petitioner from his initial appointment till date.

8. After notice, the respondents have filed their counter affidavit. Though they have admitted in the counter affidavit about joining of the petitioner and also regularization of services but only they have stated that certificates were not verified which is mandatory as per Clause 5 of the Government Order dated 26.12.2016. Subsequently, the 2nd respondent filed his personal affidavit in the month of May, 2025 stating that in view of the orders of this Court in various judgments, as the said Institution is not recognized Institution, hence certificates issued by Hindi Sahitya Sammelan, Prayag, 188 Bahadurganj, Allahabad, are not valid. Except that, the respondent have not stated anything about action taken by them.

9. Considering the submissions made by learned Senior Counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondents, it is evident that at the time of appointment of the petitioner, the concerned authorities more particularly the 3rd respondent had verified certificates and permitted the petitioner to join his duties. it is also not in dispute that services were regularized vide order dated 28.12.2016. All these procedure undertaken by the respondents based on the certificates submitted by the petitioner. It is also not in dispute that certificates submitted by the petitioner neither forged nor fake. If the respondents are stating that since Clause 5 of the Government Order 26.12.2016 is mandatory, it is bounden duty on the part of the respondents to verify the certificates. If the respondents fail to verify certificates submitted by the petitioner, they ought not to have withheld salaries of the petitioner. Once the respondents have permitted the petitioner to join and work, the respondents ought to have released salaries and without passing any orders, the respondents ought not to have withheld salaries of the petitioner.

10. In such circumstances, the present writ petition is disposed of directing the respondents to release salaries to the petitioner from the date of regularization i.e. 28.12.2016 till date within a period of two months from the date of receipt of copy of this order. Order Date :- 8.7.2025 (Donadi Ramesh, J.) RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad

1. Heard Sri Kripa Shanker Singh, learned Senior Counsel assisted by Sri Gaurva Singh, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. The present writ petition has been filed by the petitioner for payment of salaries month to month regularly to the petitioner and also to pay arrears of salaries from 28.12.2016 till date.

3. Submission is that the petitioner has passed Prathma in 2nd division in the year 1995, Madhyama (Visarad) Part-I in the year 1996, Madhyama (Visarad) Part-II in the year 1997. Accordingly, certificates were issued on 31.08.1998. Subsequently, the petitioner graduated in the year 2001 and post graduated in the year 2003 from Lucknow University. Based on the same, the petitioner has made an application in response to the notification published for the post of lecturer in Hindi in the Government Degree College. Accordingly, he was called for interview on 28.02.2008 and he was declared as successful and appointment letter was issued on 29.07.2008. After thorough verification of the certificates of the petitioner, the respondents permitted the petitioner to join on 29.07.2008. Therefore, he joined and after regularization on 28.12.2016, he continued to work to the satisfaction of the authorities concerned.

4. Thereafter, the 3rd respondent issued a letter dated 12.04.2017 stating that Prathma and Madhyama certificates were sent to the Hindi Sahitya Sammelan, Prayag, 188 Bahadurganj, Allahabad for verification and the same were returned undelivered. It was informed that without verification of the certificates, it is not possible to pay salary. In reply to the notice, the petitioner had supplied Institution address vide letter dated 17.05.2017 to the 3rd respondent and also issued reminder on 08.08.2017 for release of the salary of the petitioner. When the respondents were not inclined to release salaries, the petitioner filed the present writ petition.

5. Considering the submissions and on perusal of the records, this Court passed interim order on 10.01.2018 which reads as follows: "The petitioner was appointed in a Degree College on contractual basis as lecturer in the year 2008. He was transferred to Rajkiya Raza Snatkottar Mahavidyalaya, Rampur. Under the U.P. Government Degree Colleges Contractual Working Lecturers Regularization Rules, 2016 the services of the petitioner were regularized vide office order dated 26th December 2016 but after such regularization the salary of the petitioner has not been paid on the pretext that his testimonials are under verification. The submission of Sri Kripa Shankar Singh, learned counsel for the petitioner is that all his testimonials were duly verified at the time of regularization and as such payment of salary can not be stopped on the above ground. Learned Standing counsel has accepted notice on behalf of respondents no. 1,2 and 4. Issue notice to respondent no. 3. List for admission/final disposal after six weeks. In the meantime, interim mandamus is issued to the respondents to either pay the salary of the post of lecturer to the petitioner w.e.f.26.12.2016 within a period of six weeks or to show cause."

6. Despite the above directions of this Court, the respondents have not released salaries and admittedly the petitioner is working in the Institution.

7. Based on the above facts, learned Senior Counsel appearing for the petitioner has submitted that the petitioner was appointed subject to selection process and as per Rules. The authorities more particularly 3rd respondent has verified certificates and permitted the petitioner to join duties and further after regularization of services, joining orders were also passed. That being the situation, the respondents ought not to have withheld salaries of the petitioner. Admittedly, the respondents have not passed any order and also have not issued any notice with regard to certificates of the petitioner except vide letter dated 12.04.2017 stating that they have sent a registered post to Hindi Sahitya Sammelan, Prayag, 188 Bahadurganj, Allahabad, for verification and the said registered post was returned undelivered. It was observed that without verification of certificates, it will not be possible to pay salary to the petitioner. Except that, the respondents neither intended to pass any order nor to release salaries. In the said circumstances, learned Senior Counsel appearing on behalf of the petitioner has requested to dispose of this writ petition with specific directions to the respondents to release salaries to the petitioner from his initial appointment till date.

8. After notice, the respondents have filed their counter affidavit. Though they have admitted in the counter affidavit about joining of the petitioner and also regularization of services but only they have stated that certificates were not verified which is mandatory as per Clause 5 of the Government Order dated 26.12.2016. Subsequently, the 2nd respondent filed his personal affidavit in the month of May, 2025 stating that in view of the orders of this Court in various judgments, as the said Institution is not recognized Institution, hence certificates issued by Hindi Sahitya Sammelan, Prayag, 188 Bahadurganj, Allahabad, are not valid. Except that, the respondent have not stated anything about action taken by them.

9. Considering the submissions made by learned Senior Counsel for the petitioner as well as learned Standing Counsel appearing for the State-respondents, it is evident that at the time of appointment of the petitioner, the concerned authorities more particularly the 3rd respondent had verified certificates and permitted the petitioner to join his duties. it is also not in dispute that services were regularized vide order dated 28.12.2016. All these procedure undertaken by the respondents based on the certificates submitted by the petitioner. It is also not in dispute that certificates submitted by the petitioner neither forged nor fake. If the respondents are stating that since Clause 5 of the Government Order 26.12.2016 is mandatory, it is bounden duty on the part of the respondents to verify the certificates. If the respondents fail to verify certificates submitted by the petitioner, they ought not to have withheld salaries of the petitioner. Once the respondents have permitted the petitioner to join and work, the respondents ought to have released salaries and without passing any orders, the respondents ought not to have withheld salaries of the petitioner.

10. In such circumstances, the present writ petition is disposed of directing the respondents to release salaries to the petitioner from the date of regularization i.e. 28.12.2016 till date within a period of two months from the date of receipt of copy of this order. Order Date :- 8.7.2025 (Donadi Ramesh, J.) RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad