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2025 DAILYLAW 139417 (ALL)

ASHWANI PURWAR v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. LKO. AND 5 OTHERS

WRIA/5204/2025 · 2025-05-12

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27695 Court No. - 3 Case :- WRIT - A No. - 5204 of 2025 Petitioner :- Ashwani Purwar Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko. And 5 Others Counsel for Petitioner :- Abhay Dwivedi,Rahul Kumar Shukla,Shivam Srivastava Counsel for Respondent :- C.S.C.,Ran Vijay Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rahul Kumar Shukla, learned counsel for the petitioner, Sri Amit Kumr Rai, learned Standing Counsel for the State-opposite party Nos.1 & 3 and Sri Ran Vijay Singh, learned counsel for the opposite party Nos.2, 4, 5 & 6. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite party Nos.2 & 3 to include the petitioner's prior service rendered from 04.07.2016 to 06.09.2018 in District Kannauj in his current service record in District-Saharanpur for all service related purposes including continuity, seniority, promotional prospects, and pensionery benefits in accordance with the Government Order dated 31.05.2016; (ii) to issue a writ, order or direction in the nature of mandamus commanding and directing the opposite party Nos.2 & 3 to consider and decide the representations dated 06.06.2024 and 13.06.2024 within a stipulated time frame (the photocopy of representations dated 06.06.2024 and 13.06.2024 are already being annexed herewith as Annexure Nos.10 & 11 to this writ petition respectively." 3. Learned counsel for the petitioner has submitted that for redressal of his grievance, the petitioner has preferred representations dated 06.06.2024 and 13.06.2024 to the opposite party No.2, but no decision has been taken on the same till date. 4. Learned counsel for the petitioner 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 Competent Authority and direction may be issued him to consider and decide the said representation within a stipulated time. 5. Learned counsel for the opposite parties have stated that they have no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioner within a stipulated time. 6. In view of the above, without entering into merits of the issue, the instant writ petition is being disposed of finally at the admission stage permitting the petitioner to prefer a fresh representation to the opposite party No.2 i.e. the Secretary, Basic Education Board, Prayagraj, Uttar Pradesh taking all pleas and grounds which are available with him annexing therewith copy of his earlier representation, if any, and the relevant documents in support of his claim within a period of fifteen days from today, and if any such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and decide the representation of the petitioner, strictly in accordance with law by passing a speaking and reasoned order, with expedition preferably within a period of two months from the date of presentation of a certified copy of this order along with representation and the decision thereof be intimated to the petitioner forthwith. 7. In view of the aforesaid terms, the instant writ petition is disposed of finally. . [Rajesh Singh Chauhan,J.] Order Date :- 12.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench