IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 591 (S/S) of 2008 Old Number Writ Petition No. 32503 of 1991 Naresh Kumar … ………Petitioner. V e r s u s State of U.P. and others. ……..Respondents. Mr. I.P. Kohli, Advocate for petitioner. Mr. H.M. Raturi, Standing Counsel for State of Uttarakhand. Hon’ble V.K. Bist, J. 1. Sri Naresh Kumar, who is working Clerk in Children Senior Academy Junior High School, Manglore, District – Hardwar has filed present writ petition for the following reliefs: a. Issue a writ, order or direction in the nature of Mandamus commanding upon the respondents to pay the salary to the petitioner and other staff members of the Institution forthwith. b. Issue any other writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. c. Award cost of the petition to the petitioner. 2. Writ petition has been filed by the petitioner on the ground that respondents have arbitrarily stopped payment of salary to the petitioner and other staff members of the institution though they are entitled to receive salary. On 18.12.1991 following order was passed by the Allahabad High Court: “Learned Standing Counsel prays for and is granted a month’s time to file a counter affidavit. Petitioner will have three weeks, thereafter, to file a rejoinder affidavit. List this petition for admission after expiry of the aforesaid period. From the order dated 9th July, 1991 it is clear that Basic School is being run in Primary Pathshala No. 3, City area, Mangalore. As the teachers and other employees are working they are entitled for the salary which has not been paid for the last several months. Considering this aspect, the respondents no. 2 and 3 are directed to ensure payment of the salary to the teachers and other employees of former Children Senior Academy Junior High School, Manglore, District – Hardwar without any further delay.” 3. Learned counsel for the petitioner submitted that after grant of interim order petitioner and other staff members are regularly getting salary. Respondents have filed counter affidavit. In paragraph 11 of the counter affidavit filed on behalf of respondent no. 2 it is submitted that after the direction given by High Court respondent no. 2 directed the respondent no. 3 to make payment of salary to the Members of the staff of the Institution and the same is being paid through Account Payee Bank Drafts to the members of the staff. 4. After hearing learned counsel for the parties, this court is of the view that the petitioner who is working as Clerk in the Institution, is entitled for payment of salary in accordance with law. Writ petition is allowed with a direction to the respondents to make payment of salary to the petitioner in accordance with law. As far as payment to other staff members is concerned, such direction cannot be issued in the writ petition which has been filed by the petitioner who is clerk in the Institution. Other staff members have not come before this Court for payment of their salary. Therefore, writ petition so far as it relates to payment of salary to other staff members of the institution is concerned is dismissed. No order as costs. (V.K. Bist, J) 13.07.2009 SKS