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2025 DAILYLAW 131845 (ALL)

RAJNEESH KUMAR PATHAK v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION LKO. AND 2 OTHERS

WRIA/3587/2025 · 2025-04-07

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19485 Court No. - 3 Case :- WRIT - A No. - 3587 of 2025 Petitioner :- Rajneesh Kumar Pathak Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 2 Others Counsel for Petitioner :- Mayankar Singh Counsel for Respondent :- C.S.C.,Prashant Kumar Singh,Ran Vijay Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Raghvendra Mani Ojha, holding brief of Sri Mayankar Singh, learned counsel for the petitioner, Sri Parmanand Asthana, learned Standing Counsel for the State- opposite party no.1, Sri Ran Vijay Singh, learned counsel for opposite party no.2 and Sri Prashant Kumar Singh, learned counsel for opposite party no.3. 2. By means of this petition, the petitioner has prayed following main relief:- "(I) A writ, order or direction in the nature of mandamus thereby directing the opposite party No.3 to promote the petitioner on the post of Headmaster of Primary School from the post of Assistant Teacher from the date, the juniors to the petitioner have been promoted in the year 2014-15 along with notional fixation and arrears thereof, in the interest of justice." 3. Learned counsel for the petitioner has submitted that for redressal of the aforesaid grievance, the petitioner has preferred representation to the competent authority, but to no avail. Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer a fresh representation before opposite party no.3 and this Court may direct opposite party no.3 to pass appropriate order strictly in accordance with law. 4. Learned counsels for the opposite parties have no objection if direction for disposal of the representation is issued. 5. Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite party no.3 i.e. District Basic Education Officer, Ambedkar Nagar taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, with expedition, say within a period of two months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith. 6. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 7.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench