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2025 DAILYLAW 117351 (ALL)

SHARAD KUMAR YADAV AND OTHERS v. THE STATE OF UP. THRU. ITS ADDL. CHIEF SECY. BASIC EDUCATION DEPTT. AND 4 OTHERS

WRIA/461/2025 · 2025-01-16

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:2632 Court No. - 19 Case :- WRIT - A No. - 461 of 2025 Petitioner :- Sharad Kumar Yadav And Others Respondent :- The State Of Up. Thru. Its Addl. Chief Secy. Basic Education Deptt. And 4 Others Counsel for Petitioner :- Pranshu Agrawal,Anuj Pratap Singh,Chandan Srivastava Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Rishabh Tripathi Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners, learned State Counsel for opposite parties 1 to 3, Mr. Ranvijay Singh learned counsel for opposite party No.4 and Mr. Arun Kumar Singh Advocate holding brief on behalf of Mr. Neeraj Tripathi learned counsel for opposite party No.5. 2. Petition has been filed seeking a direction to opposite parties for payment of salary to petitioner for the post of Head Master/Head Mistress alongwith arrears in view of the fact that they have been appointed Incharge of the said post. 3. Learned counsel for petitioner submits that aforesaid aspect has already been considered and decided by Co-ordinate Bench of this Court in Writ A No. 8948 of 2024 decided by means of order dated 1st July, 2024. He is seeking benefit of same. The aforesaid petition had been decided with the following directions:- "6. In the facts and circumstances of the case, the present writ petition is disposed of finally, directing the concerned District Basic Education Officer to verify the fact regarding the working of the petitioners on the post of In-charge Headmaster and in case it is found that the petitioners are working on the post of In-charge Headmaster in their respective institutions, necessary orders will be passed for the payment of salary to the petitioners for the post of In-charge Headmaster along-with arrears of salary from the date they are working on the aforesaid post, unless there is no legal impediment within a period of two months from the date of presentation of certified copy of this order." 4. There is consensus at the bar that the present case would also be governed by the directions to be issued in the said petition. 5. In view thereof, the present petition is also disposed of in terms of directions issued by this Court in paragraph No.6 of the judgment and order dated 1st July, 2024 passed in Writ A No. 8948 of 2024. Order Date :- 16.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench