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2025 DAILYLAW 140258 (ALL)

MAHFOOZ-UR-RAHMAN v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF BASIC EDUCATION LKO. AND 2 OTHERS

WRIA/5385/2025 · 2025-05-16

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:29067 Court No. - 3 Case :- WRIT - A No. - 5385 of 2025 Petitioner :- Mahfooz-Ur-Rahman Respondent :- State Of U.P. Thru. Its Secy. Deptt. Of Basic Education Lko. And 2 Others Counsel for Petitioner :- Rayees Ahmad Khan,Sateesh Kumar Counsel for Respondent :- C.S.C.,Uday Veer Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Rayees Ahmad Khan, learned counsel for the petitioner, Sri Ram Kumar, learned Additional Chief Standing Counsel for the opposite party no. 1 and Dr. Uday Veer Singh, has accepted notice on behalf of opposite party nos. 1 and 2. 2. By means of this petition, the petitioner has prayed the following reliefs:- "i) A writ order or direction in the nature of mandamus commanding and directing the opposite parties mainly opposite party no.2 and 3 to pay the promotional pay scale which has been reduced from salary of the petitioner from the month of June 2020 without giving any notice or opportunity of hearing to the petitioner for the post of Headmaster and also pay the admissible inters on arrears after fixeciation. ii) Issue, writ order or direction in the nature of Mandamus commanding the opposite parties mainly opposite party no. 3 to consider and decide the case of the petitioner as made by application dated 6-5-2025 contained as Annexure No.1 to this writ petition." 3. 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.2, i.e., Basic Education Officer Barabanki, District Barabanki and a direction may be issued to him to consider and decide the said representation of the petitioner with expedition. 4. Learned Standing Counsel has no objection if direction for disposal of the said representation is issued. 5. 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.2, i.e., Basic Education Officer Barabanki, District Barabanki 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. 6. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 16.5.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench