AVINASH TIWARI v. STATE OF U.P. THRU. SECY. SECONDARY EDUCATION LKO. AND 3 OTHERS
WRIA/3994/2025 · 2025-04-11
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 133422 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 133422 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:20843 Court No. - 3 Case :- WRIT - A No. - 3994 of 2025 Petitioner :- Avinash Tiwari Respondent :- State Of U.P. Thru. Secy. Secondary Education Lko. And 3 Others Counsel for Petitioner :- Rahul Roshan Dubey Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Rahol Roshan Dubey, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondents.
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 parties to make payment of arrears of salary to the petitioner w.e.f. 13.02.2011 to 31.10.2016 in terms of judgment and
order dated 14.02.2013, financial approval order dated 22.11.2016 passed by the opposite party No.3 to decide the representation dated 07.04.2025 made by the petitioner, which is contained as Annexure No.5 to this writ petition."
4. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 07.04.2025 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 representations to the Competent Authority and direction may be issued him/ her to consider and decide the said representation within a stipulated time.
6. Learned Additional Chief Standing Counsel has stated that he has 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.3 i.e. the District Inspector of Schools, Sultanpur 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 ten weeks 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 :- 11.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench