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2025 DAILYLAW 138063 (ALL)

ASHISH KUMAR SINGH v. STATE OF U.P. THRU. SECY. SECONDARY EDU. LKO. AND 3 OTHERS

WRIA/4883/2025 · 2025-05-05

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25737 Court No. - 3 Case :- WRIT - A No. - 4883 of 2025 Petitioner :- Ashish Kumar Singh Respondent :- State Of U.P. Thru. Secy. Secondary Edu. Lko. And 3 Others Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ajay Pratap Singh-II, learned counsel for the petitioner and Sri Vivek Shukla, learned Addl. Chief Standing Counsel for opposite parties No. 1 to 3. 2. In view of the proposed order, notice to opposite party No.4 is hereby dispensed with. 3. By means of this petition, petitioner has prayed for following reliefs:- "(i) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties specially the Opposite party No. 3 and 4 to release the arrears of salary of the petitioner to the post of let in the institution namely R.D. Uchchtar Madhyamik Vidyalaya, Lalta Nagar, Kurki Bazar, Ambedkar Nagar with effect from November, 2018 to 09.11.2023 (Issuance of the Government Order dated 09.11.2023) as the same has been directed by the Director of Education (Secondary) Uttar Pradesh, Prayagraj vide its order dated 27.08.2024 expeditiously as early as possible within a period of 15 days. (ii) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties specially the opposite party No.3 to proceed for the payment of arrears of salary to the petitioner in furtherance of the order dated 27.08.2024 issued by the Director of Education (Secondary) Uttar Pradesh, Prayagraj." 4. Learned counsel for the petitioner has requested that the claim of the petitioner may be adjudicated in terms of government order as well as letter of the Director dated 27.08.2024, as the petitioner has represented before the District Inspector of Schools, Ambedkar Nagar for the aforesaid grievance. 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., District Inspector of Schools, District Ambedkar Nagar and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 5. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 6. 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., District Inspector of Schools, District Ambedkar Nagar 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. 7. It is needless to say that if the grievance of the petitioner may be redressed in terms of the government order or letter of the Director of Educationd (secondary), which has been referred in the aforesaid prayers, the same may be redressed strictly in accordance with law, within stipulated period. 7. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 5.5.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench