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2025 DAILYLAW 135182 (ALL)

BUDDHISAGAR MISHRA AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. LKO. AND 6 OTHERS

WRIA/4286/2025 · 2025-04-22

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22834 Court No. - 3 Case :- WRIT - A No. - 4286 of 2025 Petitioner :- Buddhisagar Mishra And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko. And 6 Others Counsel for Petitioner :- Ashutosh Mishra,Gyanoday Shukla Counsel for Respondent :- C.S.C.,Kumar Ayush,Ran Vijay Singh,Uday Veer Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard learned counsel for the petitioner, Sri Sashwat Chaudhary, Advocate holding brief of Sri Kumar Ayush, learned counsel for the opposite party nos. 4 and 6, Ms. Meena Singh, learned Standing Counsel for the opposite party nos. 1 and 2, Sri Ranvijay Singh, learned counsel for the opposite party no. 3 and Sri Udayveer Singh, learned counsel for the opposite party nos. 5 and 7. 2. 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 provide Gratuity dues to, the petitioners. (ii) To issue a writ, order, or direction in the nature of Mandamus, commanding the opposite parties, to consider the grievances of the petitioner afresh and provide the Gratuity dues in accordance with law, within stipulated time as may be directed by this Hon'ble Court. (iii) To issue a writ, order, or direction in the nature of Mandamus, commanding the opposite parties, to consider the grievances in the light of Representation dated 25.09 2024, which is pending before-Opposite party no. 4, annexued as annexure no. 28 to this writ petition." 3. Learned counsel for the petitioner has 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 opposite party No.5 and 6 i.e., District Finance and Accounts Officer Basic District-Barabanki and District Basic Education Officer, District-Bahraich and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 5. Therefore, in view of the above, without entering into merits of the issue, I hereby dispose of this petition finally at the admission stage giving liberty to the petitioner to prefer a fresh representation to the opposite party No.5 and 6 i.e., District Finance and Accounts Officer Basic District-Barabanki and District Basic Education Officer, District-Bahraich ventilating his grievance taking all pleas and grounds which are available with him enclosing therewith the copy of his earlier representation, if any, which are necessary for disposal of the representation within a period of fifteen days from today and if such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the same strictly, by speaking and reasoned order in accordance with law after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of two months from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. 6. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 22.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench