Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 116299 (ALL)

MANOJ KUMAR SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. LKO. AND 4 OTHERS

/291/2025 · 2025-01-13

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:2113 Court No. - 19 Case :- WRIT - A No. - 291 of 2025 Petitioner :- Manoj Kumar Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko. And 4 Others Counsel for Petitioner :- Umesh Pratap Singh,Brij Mohan Singh Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shailendra Singh Rajawat Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioner, learned State Counsel for opposite parties no.1, 3 & 4, Mr. Ran Vijay Singh, learned counsel for opposite party no.2 and Ms. Diksha Kulshreth, Advocate holding brief on behalf of Mr. Shailendra Singh Rajawat, learned counsel for opposite party no.5. 2. Petition has been filed challenging order dated 01.10.2024 and 06.12.2024 pertaining to punishment of withholding of increment imposed upon petitioner as well as his transfer due to imposition of such penalty. 3. It has been submitted that against the impugned orders, petitioner has already preferred a representation in terms of Rule 5 (2) of the U.P. Basic Educational Staff Rules, 1973 on 31.12.2024 which is still pending consideration. 4. Learned counsel for petitioner submits that although interim relief has also been sought in the aforesaid representation, the same remains undecided till date, which has been submitted to opposite party no.3 i.e. The Director of Education (Basic) U.P., Nishatganj, Lucknow. 5. Learned counsel for opposite party no.2 however submits that such a representation is maintainable only before opposite party no.2. i.e. The Secretary, Basic Siksha Parishad, Pryagraj, which is denied by learned counsel for petitioner. 6. In view thereof, opposite party no.3 i.e. The Director of Education (Basic) U.P., Nishatganj, Lucknow is directed to consider and decide petitioner's representation against penalty imposed in case the same is maintainable, expeditiously within a period of four weeks from the date a certified copy of this order is served upon the said authority. 7. With the aforesaid direction, petition stands disposed of. Order Date :- 13.1.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench