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2025 DAILYLAW 124070 (ALL)

MISHRA PAWAN KUMAR RAMAKANT AND 7 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. LKO. AND 4 OTHERS

WRIA/1980/2025 · 2025-02-18

Abdul Moin

body2025

Judgment text

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Court No. - 5 Case :- WRIT - A No. - 1980 of 2025 Petitioner :- Mishra Pawan Kumar Ramakant And 7 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko. And 4 Others Counsel for Petitioner :- Alok Kirti Mishra,Dharmesh Kumar Dwivedi Counsel for Respondent :- C.S.C.,Kumar Ayush,Ran Vijay Singh Hon'ble Abdul Moin,J. Heard learned counsel for the petitioners, Shri Pankaj Patel, learned Standing Counsel appearing for respondent No.1, Shri Ran Vijay Singh, learned counsel appearing for respondent No.2 and Shri Kumar Ayush, learned counsel appearing for respondent No.3. With the consent of the parties the matter is being decided finally. Petition has been filed seeking a direction to concerned authority for commencement of payment of salary on the post of Headmaster of Primary/Upper Primary/Composite School along with all consequential benefits since petitioners are officiating on aforesaid post. Learned counsel for the petitioners states that in this regard liberty be granted to them to raise their grievance before the respondent No.3. It is submitted that petitioners' case is covered by judgment rendered in Writ A No.18228 of 2022, Tripurari Dubey & Anr. versus State of U.P. & Ors. Considering innocuous prayer being made by learned counsel for petitioners, without entering into the merits of the case and particularly since adjudication of petitioners' grievance would entail factual aspects, liberty is granted to petitioners to file fresh individual representation before opposite party no.3 i.e. District Basic Education Officer, Bahraich who is directed to take a final decision in the light of aforesaid judgment, in case the same is applicable, within a period of six weeks from the date a certified copy of this order is produced before the said authority along with fresh representation(s). With the aforesaid observation, petition stands disposed of. Order Date :- 18.2.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench