Aparbal Yadav vs The State Of Up

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S). 3695/2018 (ARISING FROM SLP (C) NO.28552/2017)

APARBAL YADAV APPELLANT(S)

VERSUS

THE STATE OF U.P. & ORS. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

Leave granted.

2. The appellant is affected to the extent that the

Division Bench of the High Court has interfered with

the interim arrangement made by the learned Single

Judge during the pendency of the writ petition with

regard to payment of salary. Taking note of the long

service rendered by the appellant, the learned Single

Judge passed the following order, on 31.08.2017:-

“...Stopping salary of a teacher, who is continuously working for last thirty years, only on the basis of doubt is not justified. Accordingly, the impugned order dated 25th January, 2012 stopping the salary of the petitioner is stayed.” Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2018.04.11 13:30:42 IST Reason: 3. It appears, that the Division Bench, without

1 considering the background of the case and the

reasons which compelled the learned Single Judge to

pass the order, directed the writ petition to be

finally disposed of expeditiously, but modifying the

interim order of the learned Single Judge to the

effect that the status as was prevailing on the date

of filing of the writ petition was to be maintained.

It is not in dispute that as on the date of filing of

the writ petition, the appellant was without salary

on account of the impugned orders.

4. Having heard the learned counsel for the parties,

we see no justification at all for the Division Bench

to take such a view. After all, the appellant has

been working since 1987 and was drawing salary till

the impugned orders were passed in the year 2012.

5. In the above circumstances, the impugned judgment

of the Division Bench of the High Court, to the

extent it modified the interim order passed by the

learned Single Judge, is set aside and the appeal is,

accordingly, allowed. The interim arrangement made

by the learned Single Judge by order dated 31.08.2017

shall continue to operate till the disposal of the

writ petition. The arrears of salary shall be

released within a period of one month from today.

6. The writ petition may be disposed of on its own

merits, uninfluenced by the judgment of the Division

Bench of the High Court or of this Court.

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7. Pending applications, if any, shall stand disposed of.

8. There shall be no orders as to costs.

.......................J. [KURIAN JOSEPH]

.......................J. [MOHAN M. SHANTANAGOUDAR]

.......................J. [NAVIN SINHA]

NEW DELHI;

APRIL 10, 2018.

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