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Allahabad High Court

SMT JYOTI YADAVversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The Court held that there is no legal impediment to the payment of the petitioner's salary arrears and directed the Director of Education to release the dues upon the petitioner's appearance.

Summary

The petitioner, Smt Jyoti Yadav, filed a writ petition seeking payment of salary arrears since her appointment on 19-05-2025, alleging that no salary had been paid to date. The petitioner was summoned to appear before the Director of Education (Secondary) on 16-02-2026 but did not attend, claiming she had already submitted a reply. The Court observed that the grievance could still be considered and ordered the petitioner to appear before the Director on 11-05-2026 at 10:30 a.m. The Court further directed that, in the absence of any legal impediment, the Director should take steps to release the pending salary. Consequently, the writ petition was disposed with the above directions.

Issues considered

  • Whether the petitioner is entitled to the arrears of salary from the date of appointment.
  • Whether any legal impediment exists that prevents the release of the pending salary.

Subjects

  • salary arrears
  • writ petition
  • public servant
  • administrative law
  • payment of dues

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 6614 of 2026

                                    Smt Jyoti Yadav
                                                                                                  .....Petitioner(s)
                                                                          Versus
                                    State Of U.P. And 4 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)       : Kanjaanan Pyare Singh, Vijay Kumar
                                                                      Ojha
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri V.K. Ojha, learned counsel for petitioner and Sri Santosh
                                    Kumar, learned Standing Counsel for State-Respondents.

                                    2. At this stage, the Court finds that grievance of petitioner for arrears of
                                    salary can still be considered since she was called to appear before Director
                                    of Education (Secondary) at Lucknow on 16.02.2026 and admittedly she
                                    opted not to appear before said authority on ground that she has submitted a
                                    reply.

                                    3. In view of above, it would be appropriate that petitioner will appear on 11
                                    th May, 2026 at 10.30 AM before Director of Education (Secondary) so that

                                    her grievance with regard to payment of salary be settled on basis of
                                    documents referred in this writ petition that now there is no legal
                                    impediment for payment of salary and she is working since her date of
                                    appointment, i.e., 19.05.2025 and till date not a single penny has been paid.
                                    If petitioner appears on 11th May, 2026 at 10.30 AM, the Director of
                                    Education (Secondary) shall take all necessary steps to release her salary, if
                                    there is no other legal impediment.

                                    4. With aforesaid observations/ directions, the writ petition is disposed of.
                                    May 5, 2026
                                    AK
                                                                                (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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