LAWS(ALL)-2007-5-341

SUNIL DATT MISHRA Vs. STATE OF U.P.

Decided On May 23, 2007
Sunil Datt Mishra Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) A preliminary objection has been raised by the learned Standing Counsel that the cause of action does not arise within the territorial jurisdiction of this Court at Lucknow. He submits that the petitioner is working at Jaunpur, to which learned Counsel for the petitioner submits that admittedly the petitioner is serving at Jaunpur but the grievance of the petitioner is that he has not been paid salary by the State Exchequer and as such he has already preferred representation to the Secretary Education, Government of U.P., Lucknow for back wages.

(2.) AS such the cause of action has accrued within the territorial jurisdiction of the Lucknow. Learned Counsel for the petitioner submits that the petitioner is appointed as Lecturer in Logic in Janta Inter College, Barsathi, district Jaunpur on 28.8.2001. On 30.6.2001, the post of Lecturer Logic was fell vacant due to retirement of Sri Mahendra Nath Pandey which was advertised in the local newspaper. On 29.8.2001, the Committee of Management sent the papers for approval to the office of DIOS the same is pending. The petitioner sent representation and also reminders to the Secretary Education for payment of his salary but the salary is not being paid to him.

(3.) ACCORDINGLY , with the consent of the parties' Counsel, the writ petition is finally disposed of with the direction to the authority competent to consider and dispose of the representation submitted by the petitioner, within a period of two months, from the date a certified copy of this order is produced before him by passing a reasoned and speaking order.