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2025 DAILYLAW 100961 (ALL)

MAMTA SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/14578/2025 · 2025-09-23

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14578 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioners, learned Standing Counsel for the State and Sri Kushmondeya Shahi, learned counsel for respondent nos.2 and 3 and perused the record. The petitioners, who are 3 in number, have preferred instant writ petition for a direction upon respondent authorities to pay the salary to the petitioners for the post of Headmistress and pay arrears since they are working as Incharge Headmistress within some stipulated period. Learned counsel for the petitioners submits that for ventilation of their grievance, the petitioners have approached the authority concerned by moving representation. However, despite representation moved by the petitioner, no heed has yet been paid. Learned counsel for respondent nos.2 and 3 submits that the controversy regarding payment of the aforesaid has already been settled by the Division Bench of this Court in Special Appeal No.652 of 2024 (Secretary, U.P. Basic Education Board and 2 Others vs. Tripurari Dubey and 3 Others) decided on 30.04.2025. The aforesaid order has been affirmed by the Apex Court by dismissal of the Special Leave to Appeal, vide order dated 13.08.2025 in Special Leave to Appeal (C) No. 22427 of 2025. He has also relied upon paragraphs-214 to 218 of the judgment dated 01.09.2025 passed by the Apex Court in the case of Anjuman Ishaat-e-Taleem Trust vs. State of Maharashtra and Others, reported in 2025 SCC OnLine SC 1912, wherein it has been categorically held that in-service teachers, (irrespective of the length of Versus Counsel for Petitioner(s) : Anil Kumar Singh Bishen Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi Mamta Srivastava And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) their service) would also be required to qualify the Teacher Eligibility Test (TET) to continue in service. In view of the above, the petitioners are not entitled for the relief as prayed. However, he submits that in case a fresh representation is given by the petitioners individually before the respondent no.3, the same may be decided in accordance with law. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioners may make fresh application/representation, individually, ventilating all their grievances, supported by such documents, as may be advised, before the respondent no.3 - Basic Education Officer, Prayagraj within three weeks from today along with a certified copy of this order. On such representation being made, respondent no.3 shall make all endeavours to consider and decide the same, strictly in accordance with law, keeping in mind the directions issued in Tripurari Dubey (supra), by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of two months from the date of production of certified copy of this order, if there is no legal impediment. September 24, 2025 Jitendra/- WRIA No. 14578 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad