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2025 DAILYLAW 136316 (ALL)

SHATANAND PANDEY v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF SECONDARY EDUCATION AND 5 OTHERS

WRIA/4473/2025 · 2025-04-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24815 Court No. - 3 Case :- WRIT - A No. - 4473 of 2025 Petitioner :- Shatanand Pandey Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Secondary Education And 5 Others Counsel for Petitioner :- Aditya Kumar Pandey,Gurjeet Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Aditya Kumar Pandey, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for the opposite party nos. 1 to 5. In view of the proposed order, notice to opposite party no. 6 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 the Respondent no.1, to decide the representation dated 18.11.2024 preferred by the Petitioner (Annexure No. 26) for refixation of the manpower at the Rashtriya Inter College, Karambar, Ballia and modify the Government order dated 12.10.2015 to the extent so at to include the sanctioned post created in 28.12.1982. II. Issue a writ, order or direction in the nature of mandamus commanding the Respondent no.3 (The Regional Level Education Committee, Azamgarh Region, Azamgarh) to release the arrears of salary along with other service benefits due to the petitioner along with interest." Attention has been drawn towards annexure no. 20, which is a judgement and order dated 15.05.2019 passed by this Court in the case of the petitioner bearing Writ-A no. Pg 111. In the aforesaid judgement, this Court noted the fact that the petitioner came to be appointed as Lecturer (Civics) in terms of section 18 of Act, 1982 after approval of the competent authority. Therefore direction was issued that the petitioner shall be entitled to the arrears of salary for the post of Lecturer with effect from 1 June 1991 to 31 December 1994 and from July 1994 till the decision is taken by the Committee Learned counsel has also drawn attention of this Court towards the judgement and order dated 30.10.2023 in the case of the petitioner, i.e., Writ-A No. 57818 of 2006 and the connected Writ-A Nos. 13509 and 6713 of 2023 order dated 10.10.2023 (corrected order dated 30.10.2023), whereby positive direction has been issued in favour of the petitioner, therefore, learned counsel for the petitioner has stated that appropriate decision may be taken by the respondent no. 1, i.t., Additional Chief Secretary, Department of Secondary Education, Lal Bahadur Shastri Bhawan, U.P. in the light of the judgement. 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.1 i.e., Additional Chief Secretary, Department of Secondary Education, Lal Bahadur Shastri Bhawan 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 including the copies of the judgement 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 and also in the light of the aforesaid judgements 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. Order Date :- 30.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench