SURENDRA SINGH v. STATE OF U.P. THRU. SECY. BASIC EDUCATION LUCKNOW AND 3 OTHERS
WRIA/3911/2025 · 2025-04-10
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133154 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133154 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20357 Court No. - 3 Case :- WRIT - A No. - 3911 of 2025 Petitioner :- Surendra Singh Respondent :- State Of U.P. Thru. Secy. Basic Education Lucknow And 3 Others Counsel for Petitioner :- Mukesh Dhar Dwivedi,Amulya Pandey Counsel for Respondent :- C.S.C.,Pradeep Tiwari Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Mukesh Dhar Dwivedi, learned counsel for the petitioner, the learned Standing Counsel for the State-opposite party Nos.1 & 2 and Sri Pradeep Tiwari, learned counsel for the opposite party No.3. 2. In view of the proposed order, the notice to opposite party No.4 is hereby dispensed with. 3. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party Nos.2 to 4 to permit the petitioner to join/ report for his duty as Shiksha Mitra in the Primary School where he was functioning but due to the stubbornness of the Pradhan he was not allowed to discharge his duties and the post in question continues to be vacant, in the interest of justice. (ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite party No.3 to grant permission to the petitioner to submit his joining as Shiksha Mitra in the School where he had been given initial appointment prior to the illegal proposal for his disengagement so passed by the then Pradhan due to personal animosity, in the interest of justice."
4. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 25.02.2025 to the authority concerned, but no decision has been taken on the same till date. 5. Learned counsel for the petitioner has further submitted that the petitioner is ready to prefer a fresh representation to the
Competent Authority, therefore, he may be permitted to prefer a fresh representation to the Competent Authority and direction may be issued him/ her to consider and decide the said representation within a stipulated time. 6. Learned counsels appearing for the opposite parties have no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 7.
In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the District Magistrate, Lucknow taking all pleas and grounds which are available with him annexing therewith copy of his earlier representation, if any, and the relevant documents in support of his claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition say within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 8. In view of the aforesaid terms, the instant writ petition is
disposed of finally. . [Rajesh Singh Chauhan,J.]
Order Date :- 10.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench