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Neutral Citation No. - 2025:AHC:19472 Court No. - 7 Case :- WRIT - A No. - 1718 of 2025 Petitioner :- Mubassir Masood Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- C.S.C.,Surendra Prasad Yadav Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present writ petition inter-alias with the following prayer:-
"A. A writ order or direction in the nature of seeking writ of mandamus directing the respondent no.2 i.e. Director, Minority Welfare, U.P. 620 Indira Bhawan, Lucknow pay the dues amount (Salary from 18.02.2020 to February 2023) to the petitioner."
2. It appears from perusal of the record that against order dated 15.09.2020 passed by the Registrar / Inspector Arbi and Farsi Madarsa Board, U.P. Lucknow/ Respondent No. 3 by which the termination of the services of the petitioner has been disapproved, Committee of Management preferred Writ A No. 8744 of 2020 before this Court in which initially an interim order was granted. Ultimately the following order was passed by this Court on 07.03.2024:-
"Heard Shri S.M. Inam, learned counsel for petitioner and Shri Anil Tiwari, assisted by Shri Akhiklesh Kumar Pandey, learned counsel for respondent no. 4. The interim order has not been extended after 08.02.2022 still, counsel for respondent no. 4 submits that he has not been allowed to join. The aforesaid submission has not been denied by learned counsel for petitioner, therefore let this matter come up on 01.04.2024, however, petitioner will allow respondent no. 4 to join on Monday i.e. 11.03.2024 and for that he shall report at Madarsa Arbiya Miftahul Uloom Tikariya between 10 AM to 11 AM. In default, the Court will consider it to be a contempt and will consider to call petitioner to initiate contempt proceedings. The concerned petitioner as well respondent no. 4 shall remain present on next date of hearing so that this Court may be satisfied that present order has been complied with. "
3. Aforesaid writ petition is still pending. 4. It is admitted by the counsel for the petitioner that the petitioner was permitted to join the institution and getting his salary since the month of March, 2023. 5. The only prayer made by him to direct the respondents to make the payment of arrears of salary w.e.f. 18.02.2020 till February, 2023. 6. Heard counsel for the parties and perused the record. 7.
From perusal of the record, it is clear that against the order passed by the Registrar / Inspector Arbi and Farsi Madarsa Board, U.P. Lucknow dated 15.09.2020 writ petition has already been filed by the Committee of Management in which an interim protection has already been granted. The aforesaid writ petition is still pending consideration before this Court. Thus the Court is of the opinion that relief sought by the petitioner in the present writ petition would not be granted till the disposal of the aforesaid writ petition. 8. Accordingly, the writ petition is misconceived and dismissed. 9. After the aforesaid order was passed, a prayer has been made by the counsel for the petitioner to dismiss the present writ petition as not pressed. 10. Accordingly, the writ petition is dismissed as not pressed. 11. Registrar (Compliance) is directed to communicate the copy of this order to the District Minority Welfare Officer, District Siddharth Nagar/ Respondent No. 4 within a week for necessary information. Order Date :- 11.2.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad