RAHUL SINGH v. STATE OF U.P. THRU. SECRETARY SECONDARY EDU. LKO. AND 3 OTHERS
WRIA/4563/2025 · 2025-04-30
Rajesh Singh Chauhan
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 136601 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136601 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:24791 Court No. - 3 Case :- WRIT - A No. - 4563 of 2025 Petitioner :- Rahul Singh Respondent :- State Of U.P. Thru. Secretary Secondary Edu. Lko. And 3 Others Counsel for Petitioner :- Anshuman Singh Rathore Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Anshuman Singh Rathore, learned counsel for the petitioner and Shri Vijay Kumar, learned Additional Chief Standing Counsel appearing for the respondents No. 1 to 3.
2. No notice need be issued to the respondent no. 4 taking into
consideration the nature of order proposed to be passed.
3. With the consent of learned counsel for the parties, the instant writ petition is being finally decided.
4. Instant writ petition has been filed praying for a mandamus commanding the respondents to make payment of arrears of salary w.e.f 04.08.2011 to 31.12.2016 to the petitioner in terms of the judgment and order dated 14.02.2013 passed by the writ Court, a copy of which is annexure.2 to the writ petition. The writ petition of the petitioner is said to be Writ Petition No.3367 (S/S) of 2012.
5. Learned counsel for the petitioner, after arguing at some length, submits that with regard to the relief sought in the writ petition, the petitioner may be permitted to submit a representation before the respondent No.3 which may be
directed to be decided within a fixed time frame to which learned Additional Chief Standing Counsel has submitted that though the petitioner is praying an innocuous prayer but that innocuous prayer is not so innocuous, inasmuch as the benefit of the order being sought, may not be granted for the reason that the issue in question has already been set at rest up to the level of Hon'ble Apex Court in re: Civil Appeal No.8300 of 2016; Sanjay Singh & others vs. State of U.P. and others vide judgement and order dated 26 August, 2020 (Annexure-4), therefore while considering the aforesaid innocuous request the competent authority i.e. District Inspector of Schools (DIOS) will have to examine this aspect carefully.
6. In view of the above, it is provided that in case the petitioner submits a representation within two weeks from today before the respondent No.3 i.e. the District Inspector of Schools, Ambedkar Nagar then the respondent No.3 shall endeavour to decide the same by means of a reasoned and speaking order within a further period of six weeks from the date of receipt of a certified copy of this order along with representation.
7. With the aforesaid direction, writ petition is disposed of.
8. It is made clear that this Court has not gone into the merits of the case.
Order Date :- 30.4.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench