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2025 DAILYLAW 134781 (ALL)

HARI SHANKAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. LKO AND 2 OTHERS

WRIA/4206/2025 · 2025-04-18

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22081 Court No. - 3 Case :- WRIT - A No. - 4206 of 2025 Petitioner :- Hari Shankar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko And 2 Others Counsel for Petitioner :- Ajey Singh Counsel for Respondent :- C.S.C.,Kumar Ayush Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajey Singh, learned counsel for the petitioner, Sri Ram Kumar Mishra, learned Additional Chief Standing Counsel for the State-opposite party nos.1 and 2 and Sri Kumar Ayush, learned counsel for respondent no.3. 2. By means of this petition, the petitioner has prayed following main relief:- "Issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties concerned to pay the salary to the petitinoer for period of 1st August, 2014 to 31st July, 2017, in this time the petitioner was working as Assistant Teacher in Primary School Chandipur, Block & Tahsil Kaiserganj, district Bahraich in pursuance of appointment order dated 31.07.2014 and also pay the salary to the petitioner from 09.08.2018 to till date as petitioner is working as Shiksha Mitra in Primary School Hatwa, Block & Tahsil Payagapur, district Bahraich in pursuance of order dated 09.08.2018, 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.2 and this Court may direct opposite party no.2 to pass appropriate order strictly in accordance with law. 4. Learned counsel for the opposite parties has 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.2 i.e. Secretary, Madhyamik Shiksha Parishad, Uttar Pradesh, Regional Office, Varanasi through its Secretary taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, along with certified copy of this order within a period of fifteen days from today. If such a 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 six weeks 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 off finally. Order Date :- 18.4.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench