KAMLESH KUMAR ANIL v. STATE OF U.P. THRU. PRIN. SECY. BASIC SHIKHA LKO. AND 2 OTHERS
WRIA/4487/2025 · 2025-04-25
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135768 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135768 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23705 Court No. - 3 Case :- WRIT - A No. - 4487 of 2025 Petitioner :- Kamlesh Kumar Anil Respondent :- State Of U.P. Thru. Prin. Secy. Basic Shikha Lko. And 2 Others Counsel for Petitioner :- Nirmal Singh Yadav,Divya Yadav Counsel for Respondent :- C.S.C.,Net Ram,Ran Vijay Singh Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Nirmal Singh Yadav, learned counsel for the petitioner, Sri Daya Shanker Tiwari, learned Addl. Chief Standing Counsel for opposite party No.1, Sri Ran Vijay Singh,
learned counsel for opposite party No.2 and Sri Net Ram,
learned counsel for opposite party No.3.
2. By means of this writ petition, the petitioner has prayed for the following reliefs:-
"(i) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party No.2 to pay four months (December, 2024 to March, 2025) arrears of salary and gratuity and also fix and pay pension to the petitioner."
3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representation dated 21.02.2025 (Annexure No.1) to the competent authority but to no avail. He 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 representation to the opposite party No.3 i.e. Basic Shiksha Adhikari, Lakhimpur Kheri 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.3 i.e. Basic Shiksha Adhikari, Lakhimpur Kheri 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. It is needless to say that if there is no legal impediment making payment of arrears of salary and gratuity, same may be given to the petitioner within the aforesaid stipulated time.
7. In view of the aforesaid terms, the writ petition is disposed of.
Order Date :- 25.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench