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2025 DAILYLAW 14203 (ALL)

SANTOSH KUMAR MAURYA v. STATE OF U.P. AND 5 OTHERS

WRIA/1539/2025 · 2025-02-26

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27035 Court No. - 10 Case :- WRIT - A No. - 1539 of 2025 Petitioner :- Santosh Kumar Maurya Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Siddharth Khare, learned counsel for the petitioner and Sri Shailendra Singh, learned Standing Counsel. 2. The first prayer in present writ petition is as follows: "(i) a writ, order or direction of a suitable nature commanding the respondent to refix salary of the petitioner as Assistant Teacher in L.T. Grade at Parvati Rashtriya Inter College, Sidhpur, District Kasganj after taking into account notional increment from 24.12.2010 within a period to be specified by this Hon'ble Court." 3. Learned counsel for the petitioner has pressed first prayer, however, since his appointment is of the year 2015, which is not under challenge, so far as above prayer is concerned, therefore, the relief sought by the petitioner in prayer no.1 as referred above is rejected. 4. This Court considers the prayer no.(ii) which is reproduced hereinafter: "(ii) a writ, order or direction of a suitable nature commanding the respondent to sanction and disburse the arrears of salary so arisen on account of refixation from the date of his initial appointment, till date within a period to be specified by this Hon'ble Court." 5. Court considers salary if wrongly fixed in the minimum pay scale, petitioner is entitled for the pay scale for the post of Assistant Teacher in L.T. Grade if there is no other legal impediment. 6. Learned counsel for the petitioner referred order passed by the DIOS dated 18.11.2023 in regard to similarly situated teacher as well as another order annexed along with writ petition. 7.Learned Standing Counsel submitted that grievance of the petitioner will be considered in accordance with law and this writ petition will be considered as a representation. 8. In aforesaid circumstances, this writ petition is disposed of with a direction that claim of the petitioner so far as prayer no.2 is concerned which has already been referred above be considered, if there is no legal impediment, within a short period and in case, if there is any legal impediment, same may be communicated to the petitioner and petitioner is at liberty to submit a certified copy of this writ petition within a period of two weeks to the concerned respondent. 9. Learned Standing Counsel assures the Court that grievance of the petitioner will be considered in accordance with law. 10. It is made clear that this Court has not entered into the merits of the case. Order Date :- 27.2.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad