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2025 DAILYLAW 119937 (ALL)

SANDEEP KUMAR v. STATE OF U.P. THRU. PRIN. SECY. OF BASIC EDUCATION AND 3 OTHERS

WRIA/1068/2025 · 2025-01-30

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6538 Court No. - 5 Case :- WRIT - A No. - 1068 of 2025 Petitioner :- Sandeep Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Of Basic Education And 3 Others Counsel for Petitioner :- Pt. S. Chandra,Aayush Mishra Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Shailendra Singh Rajawat, learned counsel for the respondents no. 2 to 4. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. Instant writ petition has been filed praying for the following main relief(s):- "(i) Issue a writ order or direction in the nature of 'Certiorari' there by quashing impugned order of reversion dated 29.06.2024 passed by BSA Sultanpur contained as ANNEXURE No. 1 of the writ petition. (ii) Issue a writ order or direction in the nature of 'Mandamus' thereby commanding to the opposite parties not to give effect to impugned order dated 29.06.2024 and allow to petitioner to work as Head Master of Primary School and draw salary as petitioner was working and getting before 29.06.2024. (iii) Issue a writ order or direction in the nature of 'Mandamus' thereby commanding to the opposite parties mainly BSA Sultanpur and Vitt Evam Lekhadhikari to pay the salary of petitioner as Head Master since 28.03.2023 to 29.06.2024 with interest reducing the subsistence allowance and difference salary of the petitioner along with interest since 29.06.2024 up till now and maintain the service of the petitioner as Head Master along with all consequential benefits. (iv) Issue a writ order or direction in the nature of 'Mandamus' thereby commanding to the opposite parties to pay the salary of petitioner from 01.10.2016 to 31.03.2019 as Head Master in Primary School Dobhiyara-II Baldirai Sultanpur along with appropriate interest." 4. So far as prayers (i & ii) made in the writ petition are concerned, learned counsel for the petitioner states that he intends to file an appeal against the punishment order. He further submits that he would be filing an appeal within a period of two weeks from today and prays that the appellate authority be directed to decide the said appeal on merits within a specified time. To the said prayer, Sri Shailendra Singh Rajawat, learned counsel for the respondents no. 2 to 4 has no objection. Accordingly, it is provided that in case the petitioner files an appeal within a period of two weeks from today then the appellate authority shall decide the appeal of the petitioner on merits in accordance with law within a period of 4 weeks from the date of filing of the said appeal. 5. So far as prayers (iii & iv) made in the writ petition are concerned, learned counsel for the petitioner states that he intends to file a representation to the competent authority with regard to the said grievance and prays that the competent authority be directed to decide the said representation in accordance with law to which learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Shailendra Singh Rajawat, learned counsel for the respondents no. 2 to 4 have no objection. 6. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file a representation with regard to reliefs (iii & iv) before the competent authority who is said to be the respondent no. 2 i.e Basic Shiksha Adhikari, Sultanpur. In case, such a representation is filed along with the certified copy of this order then the competent authority shall proceed to decide the same within four weeks. Order Date :- 30.1.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench