Anshu Tyagi vs State Of Uttarakhand And Others

Pankaj Purohit, J

Heard learned counsel for the parties.

By means of this writ petition, petitioner has sought the indulgence of this Court in the nature of mandamus directing the respondents to release her salary due from the month of July 2023 forthwith.

Petitioner is presently posted at Government High School Gohari Mafi, District Dehradun as Assistant Teacher, L.T. Grade. There is no dispute that the petitioner is a regularly appointed Assistant Teacher.

Vide previous order passed by this Court, learned State Counsel was directed to seek instruction in the matter as to why the salary of the petitioner is not being paid regularly on month to month basis.

Today, learned State Counsel produced written instruction dated 25.07.2024 before this Court, which is taken on record.

According to the aforesaid instruction, learned State Counsel submits that the salary of the petitioner is not being paid only for the reason that the against the post of Assistant Teacher, L.T. Grade (English), there are two Assistant Teachers, L.T. Grade (English) are working. The petitioner, earlier posted on that post, was transferred vide transfer order dated 26.06.2023. But, that order has been stayed by this Court vide order dated 11.10.2023 in WPSS No.1906 of 2023. On the strength of that order, petitioner is working there.

It is contended by the learned State Counsel that since 02 teachers are working on the said post, therefore, the salary of the petitioner is not being released.

After appreciating the facts of the case and perusal of the record, it transpires that the petitioner is working in the post of Assistant Teacher, L.T. Grade (English) in Government High School, Goharimafi, Dehradun pursuant to the interim order passed by this Court and she has already been permitted by the respondents to work there pursuant to interim order passed by this Court. There is no justification for not releasing the salary of the petitioner on this ground. Therefore, this Court directs respondent No.3-Additional Director of Education, Secondary Education, Garhwal Mandal, Uttarakhand to immediately release the salary of the petitioner along with arrears, within a period of 15 days’ from the date of production of certified copy of his order and to pay her salary on month-to-month basis regularly.

In this view of the matter, writ petition is finally disposed of.

Pending application(s), if any, also stands disposed of.