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2025 DAILYLAW 139054 (ALL)

RAMASHANKAR SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECRETARY , SECONDARY EDU. DEPTT. LKO AND 4 OTHERS

WRIA/5105/2025 · 2025-05-08

Rajesh Singh Chauhan

body2025

Judgment text

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Court No. - 3 Case :- WRIT - A No. - 5105 of 2025 Petitioner :- Ramashankar Singh And Another Respondent :- State Of U.P. Thru. Addl. Chief Secretary , Secondary Edu. Deptt. Lko And 4 Others Counsel for Petitioner :- Meenakshi Singh Parihar,Abhiuday Pratap Singh,Divyarth Singh Chauhan Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. Heard Ms. Meenakshi Singh Parihar, learned counsel for the petitioners, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel for opposite party nos. 1 to 4. In view of the proposed order, notice to opposite party no. 5 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 name of mandamus commanding the opposite parties to pay the arrears of salary of the Petitioners from the date of their joining till April 2012 (i.e. the month from which the Petitioners started getting their salary) with interest. ii) issue a writ order or direction in the name of mandamus commanding the opposite parties to pay the post retiral dues of the petitioners including pension, gratuity and GPF along with arrears." Learned counsel for the petitioners has stated that though the DIOS Ambedkar Nagar Preferred a letter dated 14.10.2024 (Annexure No. 19) to the Manager/Principal of the committee of management Gandhi Samarak Sanskrit Uuachtar Madhyamik Vidayalaya Rajesultanpur, Ambedkarnagar seeking relevant papers and detailed comments on the issue of the present petitioners and committee of management provided those information to the DIOS on 02.01.2025 (Annexure No. 20) but no proper decision has been taken till date, therefore, learned counsel has stated that direction may be issued to the competent authority to take appropriate decision. Learned counsel has also stated that the controversy in question is squarely covered with the judgement of this Court in re:- Ramesh Upadhya and another Vs. State of U.P. reported in (1993) 2 UPLBEC 945, therefore, the appropriate decision may be taken in the light of Ramesh Upadhya (supra). 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 is given to the petitioner to prefer a separate fresh representation to the opposite party no. 4, DIOS, Ambedkar Nagar ventilating their grievance taking all pleas and grounds which are available with them enclosing therewith the copy of their 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 petitioners 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 Ramesh Upadhya (supra), after verifying the applicability thereof on the present issue and after affording an opportunity of hearing to the petitioner, if it is so required, with expedition preferably, within a period of ten weeks from the date of receipt of certified copy of this order and the decision thereof shall be intimated to the petitioner forthwith. Order Date :- 8.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench