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2025 DAILYLAW 123689 (ALL)

VIJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION DEPTT. LKO. AND 4 OTHERS

WRIA/1947/2025 · 2025-02-17

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9981 Court No. - 5 Case :- WRIT - A No. - 1947 of 2025 Petitioner :- Vijay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. And 4 Others Counsel for Petitioner :- Vibhuti Narain Pandey,Devanand Pandey Counsel for Respondent :- C.S.C.,Rishabh Tripathi Hon'ble Abdul Moin,J. 1. At the very outset learned counsel for the petitioner prays for and is permitted to implead Secretary, U.P. Education Board, Prayagraj as respondent No.6 during the course of the day. 2. Notice to respondent No.6 has been accepted by Shri Ran Vijay Singh, Advocate. 3. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents No.1 to 3. Notice to respondent No.4 & 5 has been accepted by Shri Rishabh Tripathi, Advocate. 4. With the consent of the parties, the matter is being decided finally. 5. Contention of the learned counsel for the petitioner is that against the order dated 03.09.2024, a copy of which is Annexure-9 to the petition, by which the services of the petitioner as Assistant Teacher has been dispensed with, he had preferred an appeal to the Joint Director, Basic Education, i.e. respondent No.3 and has prayed that the said appeal be directed to be decided in accordance with law within a specified time. 6. On the other hand, learned Standing Counsel and Shri Ran Vijay Singh, learned counsel appearing for respondent No.6 point out that the appeal would lie to the Secretary, Basic Education Board and that the appeal which had been filed by the petitioner, has been preferred before an incompetent authority. 7. Considering the aforesaid, it is provided that in case the petitioner prefers an appeal within a period of 3 weeks before the respondent No.6, then the said appeal would be decided on merits and in accordance with law under relevant rules, which appeal would be decided within a period of 8 weeks from the date of receipt of said appeal along with a certified copy of this order. 8. With the aforesaid, the writ petition stands disposed of. 9. It is made clear that this Court has not gone into the merits of the claim set forth by the petitioner. Order Date :- 17.2.2025 prateek Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench