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2025 DAILYLAW 142415 (ALL)

AWADHESH KUMAR BAJPAI and 6 ORS. v. STATE OF U.P. THROUGH SECY. SECONDARY EDU. LKO. and ORS.

WRIA/6922/2013 · 2025-02-24

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:11540 Court No. - 5 Case :- WRIT - A No. - 6922 of 2013 Petitioner :- Awadhesh Kumar Bajpai And 6 Ors. Respondent :- State Of U.P. Through Secy. Secondary Edu. Lko. And Ors. Counsel for Petitioner :- Ajay Pratap Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard. 2. Under challenge is the Clause 1(Kha-3) of the Government Order dated 20.12.2001, a copy of which is Annexure-1 to the writ petition. Also under challenge is the order dated 12.06.2013, a copy of which is Annexure-2 to the writ petition, passed by the District Inspector of Schools, so far as it relates to the cancellation of the promotional pay scale of the fixation of salary of the petitioners. 3. It is contended that the controversy revolves in a very narrow frame inasmuch as although the petitioners have prayed for quashing of the particular paragraph of the Government Order dated 20.12.2001 yet the said Government Order in its entirety has been quashed by a coordinate Bench of this Court in Writ-A No.4977 of 2002 in re: Virendra Kumar and 3 others vs. State of U.P. decided on 31.05.2023 and consequently it is contended that once the entire Government Order dated 20.12.2001 has been quashed as such the respondents be directed to consider the claim of the petitioners for the purpose of grant of promotional pay scale to them on the post of Assistant Teacher (L.T. Grade). 4. The aforesaid Government Order dated 20.12.2001 having been quashed in its entirety by this Court in the case of Virendra Kumar (supra) is also not disputed by the learned counsel for the respondents. 5. Considering the aforesaid, the writ petition is disposed of with a direction to the District Inspector of Schools, Lucknow i.e. respondent no.4 to consider the consequences of the Government Order dated 20.12.2001 having been quashed i.e. the consequences arising thereon as regards the admissibility of the claim of the petitioners for grant of the promotional pay scale. 6. Let such consideration be done within a period of six weeks from the date of receipt of a certified copy of this order. 7. It is further provided that the order impugned dated 12.06.2013 as passed by respondent no.4 would be subject to the orders which are passed by respondent no.4 in pursuance to this order. 8. It is made clear that this Court has not entered into the claim of the petitioners pertaining to they being eligible for being granted the promotional pay scale which decision would be taken by the competent authority in accordance with law and the relevant rules. Order Date :- 24.2.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench