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2025 DAILYLAW 142585 (ALL)

RAM MURAT SWARNKAR and 2 ORS. v. STATE OF U.P. THROUGH SECY. SECONDARY EDU. LKO. and ORS.

WRIA/7850/2013 · 2025-05-09

Rajesh Singh Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:27260 Court No. - 3 Case :- WRIT - A No. - 7850 of 2013 Petitioner :- Ram Murat Swarnkar And 2 Ors. Respondent :- State Of U.P. Through Secy. Secondary Edu. Lko. And Ors. Counsel for Petitioner :- Mahendra Singh Rathore,Ashok Kumar Verma,Rajiv Pandey,Ramesh Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Ramesh Kumar Srivastava, learned counsel for the petitioners and the learned Standing Counsel for the State- respondents. 2. By means of this writ petition, the petitioner has assailed the impugned order dated 19.07.2013 passed by the opposite party No.4 whereby the financial approval has been rejected only on the ground that the post creation order dated 24.01.1992 is forged and doubtful as on the said date the Deputy Director of Education had no power to create the post. 3. Sri Srivastava has submitted that though the impugned order may not be passed by the District Inspector of Schools concerned, but the petitioners have got remedy to approach the Superior Authority i.e. the Joint Director of Education, Basti Region, Basti (opposite party No.3), so he is willing to withdraw this writ petition at this stage and liberty may be given to the petitioners to approach the opposite party No.3 by preferring fresh representation strictly in accordance with law and direction may be issued to such authority to take decision on the representation of the petitioners within a stipulated time. Sri Srivastava has also submitted that the opposite party No.3 may be directed to ignore the delay in preferring the representations for the reason that this writ petition is pending before this Court since 2013. 4. Learned Standing Counsel has stated that he has no objection if direction is issued to the Competent Authority to consider and decide the representation of the petitioners within a stipulated time. 5. In view of the above, without entering into merits of the issue as well as without interfering with the impugned order, the instant writ petition is being disposed of finally giving liberty to the petitioners to prefer a separate fresh representation to the opposite party No.3 i.e. the Joint Director of Education, Basti Region, Basti taking all pleas and grounds which are available with them annexing therewith copy of their earlier representation, if any, and the relevant documents in support of their claim within a period of fifteen days from today, and if any separate representation is preferred by the petitioners within the aforesaid stipulated time, the authority concerned shall consider and decide the representations of the petitioners ignoring the delay in filing the same, 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 petitioners forthwith. 6. In view of the aforesaid terms, the instant writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 9.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench