MANI RAM SINGH YADAV AND 11 ORS. v. STATE OF U.P. AND 5 ORS.
WRIA/4758/2015 · 2025-05-07
Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14794 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14794 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74549 Court No. - 38 Case :- WRIT - A No. - 4758 of 2015 Petitioner :- Mani Ram Singh Yadav And 11 Ors. Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- P.K. Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the petitioners and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed for the following reliefs:
"i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 15.07.2014 (annexure no.12 to the writ petition) passed by the respondent no.2 - Director of Education (Secondary), Uttar Pradesh at Allahabad. ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents to award the selection grade as well as promotional grade w.e.f. the date when the juniors to the petitioners working as Senior Primary Schools / Junior High Schools have been awarded. iii) Issue a writ, order or direction in the nature of mandamus directing the respondents to provide them all consequential benefits as are being given to the juniors to the petitioners working in Senior Primary Schools / Junior High Schools."
3. As the petitioners were initially appointed as CT Grade teachers in Kalika Dham Inter College, Shivapur, Varanasi and Bhartiya Shiksa Mandir Inter College, Englishiya Line Varanasi. Both institutions were recognized and granted-in-aid. All the petitioners were appointed in between 1985 to 1991. Subsequently, the said CT posts were declared as dying cadre from 1986 onwards. Those assistant teachers working in the secondary institution after completing 10 years of their services changed the grade from CT to LT. Accordingly, the petitioners' services were also converted into LT Grade. 4. Subsequently, the petitioners retired from service. After retirement, they made representation to the authorities to consider their case for retiral benefits considering their services which was done in CT cadre. In the said representation, their request was not
considered. Therefore, the petitioners approached this Court by way of filing Writ-A No.62443 of 2013 which was disposed of in terms of the order passed in civil misc. writ petition no.10665 of 2006 with the observations that if the petitioners are entitled to the same benefits as per the said judgment, the respondent no.2 therein was directed to pass appropriate orders.
Despite the said directions, the 2nd respondent without considering the observations made in the said writ petition rejected the claim of the petitioners stating that benefit is only extended to the teacher working in the government schools and not in private aided schools vide impugned order dated 15.07.2014. 5. Feeling aggrieved by the same, this writ petition has been filed by the petitioners. 6. Learned counsel for the petitioners has submitted that in fact, the said issue was already covered by the orders of this Court and one of the orders dated 11.07.2002 passed by this Court in civil misc. writ petition no.5441 (S.S.) of 1997 Raghav Ram Dwivedi and others Vs. State of U.P. and others, is annexed along with the writ petition as annexure no.9. Therefore, he has requested to decide this petition in the same terms. 7. Considering the submissions of the learned counsel for the parties, the present writ petition is also disposed of in terms of the
order passed by this Court in civil misc. writ petition no.5441 (S.S.) of 1997 Raghav Ram Dwivedi and others Vs. State of U.P. and others.
Order Date :- 8.5.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad