CHANDAN SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THE case was fixed today for the appearance of District Magistrate, Pratapgarh with a condition that in case the salary is not paid to the petitioner, she will have to appear. An exemption application has been moved on her behalf by learned Standing Counsel showing personal inconvenience on medical grounds. Her appearance is exempted. A supplementary counter affidavit has also been filed in which the District Magistrate has referred the matter to the State Government to make the budget available for the payment of salary to the petitioner. THE learned Standing Counsel says that in compliance of the order of the Hon'ble High Court the District Magistrate has referred the matter to the State Government and the order of the Hon'ble High Court has yet to be complied with. However, the learned counsel for the petitioner Mr. Abdul Razaaq Khan submits that the appointing authority of the petitioner is S.D.M. And Collector both. Under the circumstances, when the order of the Hon'ble High Court was directed against the District Magistrate, there was no occasion to refer the matter to the State Government for sanction of the budget. THE District Magistrate was competent enough to release the salary and that too under the orders of this court. THE learned Standing Counsel submits that he has been instructed to submit that in every likelihood the permission will be obtained within a month and the order of Hon'ble High Court will be complied with by making payment to the petitioner. Accordingly he is granted time to file affidavit to the effect that the payment will be made by the District Magistrate in compliance of the earlier order of the court. List/put up this case on 8th July 2009 to enable the learned Standing Counsel to file the affidavit on behalf of the District Magistrate. It may be clarified that the responsibility of making the payment lies with the District Magistrate and not with the State Government.