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2025 DAILYLAW 135399 (ALL)

BADRI PRASAD YADAV v. BHATKHANDE SANSKRITI VISHWAVIDYALAYA LKO. THRU. VICE CHANCELLOR AND ANOTHER

WRIA/4379/2025 · 2025-04-24

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:23643 Court No. - 3 Case :- WRIT - A No. - 4379 of 2025 Petitioner :- Badri Prasad Yadav Respondent :- Bhatkhande Sanskriti Vishwavidyalaya Lko. Thru. Vice Chancellor And Another Counsel for Petitioner :- Adityendra Maurya,Avanish Yadav Counsel for Respondent :- Santosh Kr. Yadav Warsi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Adityendra Maurya, learned counsel for the petitioner and Sri Santosh Kumar Yadav Warsi, learned counsel for the opposite parties. 2. By means of this petition, the petitioner has prayed following main reliefs:- "i. Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents/ opposite parties to modify the regularization order dated 30.04.2016 of the petitioner as per decision taken in the minutes of meeting dated 09.12.2021 by the Management Council of the University as well as permission/approval accorded by the State Government thereon vide its letter dated 26.04.2022 and further direction issued by the Government of UP, vide its letter dated 16.01.2024. (Contained as Annexure No.1, 2 & 3) ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the concerning respondents/opposite parties to re-determine the pay scale of the petitioner as per modification of his regularization order in the pay scale (mentioned in paragraph 22) on the post of Steno and make payment of the arrears accordingly to the petitioner." 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.1 and this Court may direct opposite party no.1 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.1 i.e. Vice Chancellor, Bhatkhande Sanskriti Vishwavidyalaya, Kaiserbagh, Lucknow taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days from today. If such 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 two months 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 of finally. [Rajesh Singh Chauhan,J.] Order Date :- 24.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench