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2025 DAILYLAW 136550 (ALL)

MAHENDRA SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDUCATION DEPTT. LKO. AND 6 OTHERS

WRIA/4603/2025 · 2025-04-30

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24886 Court No. - 3 Case :- WRIT - A No. - 4603 of 2025 Petitioner :- Mahendra Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Lko. And 6 Others Counsel for Petitioner :- Mahendra Bahadur Singh,Vikas Singh Counsel for Respondent :- C.S.C.,Kumar Ayush Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri M.B. Singh assisted by Sri Rakesh Kumar, learned counsel for the petitioner, Sri G.K. Singh, learned counsel for the opposite parties no. 1,2 and 3, Sri Kumar Ayush, learned counsel for the opposite parties no. 5 and 6 and Sri Sarvesh Kumar Duvey, learned counsel for the opposite parties no. 4 and 7. 2. By means of this petition the petitioner has prayed following relief : "(i) issue a writ order or direction in the nature of mandamus commanding the opposite parties to pay the admitted amount of Rs. 23,94,384.00/-to the petitioner in view of the letter dated 17.04.2023 issued by opposite party no. 6 as contained in annexure no 15 to the petition. (ii) issue a writ, order or direction in the nature of mandamus commanding the opposite parties specially opposite party no. 1 to decide the representation dated 03.02.2025 (Annexure No. 17 to the writ petition) submitted by the petitioner by means of reasoned and speaking order within the period as may be prescribed by this Hon'ble Court, in order to meet the ends of justice and further directed that the remaining amount which is due be paid with 15% interest to the petitioner." 3. Sri M.B. Singh has submitted that since the amount, so indicated in prayer no. 1 is not disputed, therefore, the aforesaid payment should have been given to the petitioner much earlier i.e. immediately after 17.4.2023 but more than two years period have passed w.e.f. 17.4.2023 the aforesaid amount has not been given to the petitioner. So far as the other dues are concerned the petitioner preferred a representation dated 3.2.2025 but no decision has been taken by the Additional Chief Secretary, Basic Education, U.P., so Sri Singh has requested that the direction may be issued to the authority concerned to make payment of the undisputed amount and appropriate decision be taken in respect of other dues as has been paid in the representation dated 3.2.2025 (Annexure no. 17). 4. With the consent of parties the writ petition is disposed of finally at the admission stage. 5. Without entering into the merits of the issue, the petitioner is permitted to move a fresh representation within 15 days before the opposite party no.1, i.e. Additional Chief Secretary, Basic Education Department, U.P. taking all his pleas and grounds and enclosing his earlier representations along with all relevant documents. If such a representation is moved the opposite party concerned is directed to dispose of the representation of the petitioner with speaking and reasoned order after affording an opportunity of hearing to the parties concerned, strictly in accordance with law expeditiously, say within a period of ten weeks from the date of production of the certified copy of this order. 6. It is also observed that if a sum of Rs. 2394384/- is undisputed amount then the appropriate decision to make payment of aforesaid amount shall be taken at the earliest preferably within three weeks and for making payment of remaining dues decision may be taken within aforesaid stipulated time. 7. It is also clarified that if there is unexplained reason for not making payment of the aforesaid dues to the petitioner and there was no legal impediment to that effect, the petitioner may claim interest on the delayed payment and that request of the petitioner may also be considered within aforesaid stipulated time. 8. The decision on the representation shall be communicated to the petitioner forthwith. 9. Writ petition is finally disposed of. . [Rajesh Singh Chauhan, J.] Order Date :- 30.4.2025 Om Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench