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2025 DAILYLAW 135255 (ALL)

VIJAY SHANKAR DUBEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. SECONDARY EDU. LKO. AND 10 OTHERS

WRIA/4288/2025 · 2025-04-24

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23515 Court No. - 3 Case :- WRIT - A No. - 4288 of 2025 Petitioner :- Vijay Shankar Dubey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Lko. And 10 Others Counsel for Petitioner :- Vyomesh Chandra Shukla,Rajesh Kumar Tewari Counsel for Respondent :- C.S.C.,Shachindra Pratap Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri V.C. Shukla, learned counsel for the petitioner, learned Standing counsel for the opposite party nos. 1 to 8 and Sri Sachindra Pratap Singh, Advocate who has appeared on behalf of opposite party nos. 9 and 10. In view of the order proposed to be passed, notice to opposite party no. 11 is hereby dispensed with. By means of this petition, the petitioner has prayed the following relief:- "i) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to allow the petitioner to work and discharge his duties on the post of Teacher in Shri Balwant Adarsh Sanskrit Mahavidyalaya, Dugwa, Devgarh, District- Ayodhyatill the end of current academic session i.e. 30.06.2025 as per the Clause 16.24(3) of Bye laws of Sampurnanand University and pay him salary each and every month as and when the same falls due." 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.7 i.e., District Inspector of School, Ayodhya and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 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.7 i.e., District Inspector of School, Ayodhya 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. It is needless to say that if the petitioner is still discharging his duties on the post of Teacher, the continuation of the petitioner may be considered in a same manner such orders have been passed in favour of identically placed employees as some order have been enclosed as annexure nos. 13 and 14. Order Date :- 24.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench