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2025 DAILYLAW 138866 (ALL)

ASHOK KUMAR SHUKLA v. STATE OF U.P. THRU. SECY. BASIC EDU. LKO. AND 4 OTHERS

WRIA/5026/2025 · 2025-05-06

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:26363 Court No. - 3 Case :- WRIT - A No. - 5026 of 2025 Petitioner :- Ashok Kumar Shukla Respondent :- State Of U.P. Thru. Secy. Basic Edu. Lko. And 4 Others Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Uday Veer Singh Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vinay Misra, learned counsel for the petitioner, Sri Vijay, learned Additional Chief Standing Counsel for opposite party nos. 1 and 2, Sri Ranvijay Singh, learned Additional Chief Standing Counsel has accepted notice on behalf of opposite party no. 3 and Dr. Uday Veer Singh, learned Standing Counsel has accepted notice on behalf of opposite party nos. 4 and 6. 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 opposite parties to ensure payment of arrears of salary due to the petitioner alongwith interest from 06.07.2018 till 16.02.2023 when he was reinstated in service in compliance of the directions of the Hon'ble Court after taking into account the fact that the petitioner was deliberately kept off work by the opposite parties due to their malafide intentions and thus the principle of "No Work, No Pay" would not be attracted in the petitioners case, in the interest of justice. II. Issue a writ order or direction in the nature of mandamus commanding the opposite party no. 3 to take a decision on the petitioner's representation for payment of arrears of salary considering the fact that the appointment of the petitioner had been cancelled illegally and the petitioner's case stood vindicated after passing of the Hon'ble Courts order dated 07.02.2023, in the interest of justice." Learned counsel for the petitioner has 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., Secretary Basic Shiksha Parishad, U.P., Prayagraj and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 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., Secretary Basic Shiksha Parishad, U.P., Prayagraj 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. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 6.5.2025 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