MADAN MOHAN GAUTAM v. STATE OF U.P. THRU. PRIN. SECY. HIGHER EDUCATION LKO. AND 5 OTHERS
WRIA/1375/2025 · 2025-04-01
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 120921 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 120921 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:17999 Court No. - 3 Case :- WRIT - A No. - 1375 of 2025 Petitioner :- Madan Mohan Gautam Respondent :- State Of U.P. Thru. Prin. Secy. Higher Education Lko. And 5 Others Counsel for Petitioner :- Ram Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Ram Kumar Singh, learned counsel for the petitioner and Shri Pankaj Patel, learned Additional Chief Standing Counsel for the opposite party nos.1, 2 and 6. 2. Pursuant to the order dated 31.01.2025, whereby notice was issued to the opposite party nos.3, 4 and 5, steps were taken and the notices were issued to those opposite parties through speed post. 3. As per office report dated 30.03.2025, neither any unserved envelop has been returned back to the Section nor any power has been filed till date, therefore, service of notice upon those opposite parties may be deemed sufficient. Today none has appeared on behalf of those opposite parties. 4. By means of this petition, following prayers have been made:
"i. Issue a writ, order or direction in nature mandamus commanding Opposite Party No.2, 3 & 4 to take a decision on recommendation dated 26.07.2024 sent by opposite party No.5 to provide 75% amount of salary as subsistence allowance to the petitioner, contained as Annexure No.1 to the
Writ
Petition. ii. Issue a writ, order or direction in nature mandamus commanding Opposite Parties to pay the arrears of subsistence allowance w.e.f. 11.03.2019 and up to December, 2024."
5. Learned counsel for the petitioner has stated that appropriate decision is to be taken by the opposite party no.3 i.e. Committee of Management Jawahar Lal Nehru Memorial, P.G. College, Barabanki through its Secretary/Sub Divisional Officer, Tehsil Nawabganj, District Barabanki. Therefore, he has requested that the petitioner may be given liberty to prefer fresh representation to the opposite party no.3 and direction may be issued to him to take appropriate decision strictly in accordance with law in light of Annexure No.1. 6. Learned Additional Chief Standing Counsel has no objection if liberty is given to the petitioner to prefer fresh representation to the opposite party no.3. 7.
Therefore, without commenting anything on the merits of the case, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer fresh representation to the opposite party no.3 within two weeks taking all the pleas and grounds, which are available to him enclosing therewith the copy of relevant documents, which are necessary for disposal of the aforesaid representation and the opposite party no.3 is directed to take appropriate decision strictly in accordance with law in terms of Annexure No.1 and while taking fresh decision, the aspect of arrears of subsistence allowance w.e.f. 11.03.2019 till December, 2024 shall also be considered as per law, expeditiously, preferably within a period of two months from the receipt of certified copy of this order. Order Date :- 1.4.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench