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Smt. Urmila And 5 Others v. State Of U.p. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 8 Others

Smt. Urmila And 5 Others v. State Of U.p. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 8 Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - A No. - 7864 of 2022 | 23-11-2022

Manish Kumar, J.

1. Heard learned counsel for the parties and perused the record.

2. The present writ petition has been preferred by the petitioners directing the opposite parties to pay the honorarium w.e.f. 15.07.2015 till date and to permit the petitioners to work as they were working with full benefit as per Govt. Order dated 15.07.2020 and lastly, direct the opposite parties to decide the representation made by the petitioners within a stipulated time as this Court may deem fit and proper after providing opportunity of hearing to the petitioners.

3. Learned counsel for the petitioners has submitted that the petitioners were engaged as Care taker of the Samudayik Sauchalaya vide order dated 15.07.2020 issued by the Secretary, Gram Panchayat / Gram Vikas Adhikari on different Gaon Sabha and the blocks where the petitioners were appointed. It is further submitted that the payment of the petitioners were made in pursuance of Govt. Order dated 15.07.2020 through Svam Sahayta Samuh. It is further submitted that from last one year, the petitioners have not been paid their honorarium and the petitioners have made representations to the Opposite Party No.4, but till date no orders have been passed and the matter is still pending.

4. On the other hand, learned counsel for the Gaon Sabha has submitted that the Svam Sahayata Samuh is responsible for payment of salary / honorarium of the petitioners as directed in Para 6 of the Govt. Order dated 15.07.2020, wherein it has been provided that the expenditure of whole of the year will be transferred in two installments in the account of Svam Sahayata Samuh, which will be provided by the Gram Panchayat.

5. In reply, learned counsel for the petitioner has submitted that the petitioners are not in the knowledge whether the amount has been transferred by the Gram Sabha in the account of Svam Sahayata Samuh or not but when there is a provision made by the State Government by issuing a government order then the officers are responsible to ensure the compliance of the Govt. Order including the payment to the petitioners.

6. After arguing at some length, learned counsel for the petitioners has confined his prayer to the extent that a direction may be issued to the Opposite Party No.4 to decide the representations of the petitioners as prayed in Para 3 of the writ petitions.

7. Learned counsel for the opposite parties have no objection to the prayer made by the learned counsel for the petitioners.

8. In view of the discussion made hereinabove, the writ petition is disposed of finally with direction to the Opposite Party No.4 to decided the representation of the petitioner in accordance with law within a period of six weeks from the date certified copy of this order is served.

Advocate List
  • Vivek Kumar Tripathi,Arvind Kumar Tripathi,Rakesh Dwivedi

  • C.S.C.,Mohan Singh

Bench
  • Hon'ble Justice Manish Kumar
Eq Citations
  • LQ
  • LQ/AllHC/2022/19612
Head Note

Constitution of India — Art. 226 — Relief — Relief prayed for — Relief prayed for by petitioners confined to extent that a direction may be issued to Opposite Party No.4 to decide the representations of petitioners — Direction accordingly issued (Para 6)