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2025 DAILYLAW 15771 (ALL)

NAND KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS

WRIA/4167/2019 · 2025-09-09

Donadi Ramesh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 4167 of 2019 Court No. - 38 HON'BLE DONADI RAMESH, J. 1. The present writ petition is filed for the following relief:- "1. To, issue a writ order or direction in the nature of mandamus directing the respondents authorities mainly respondent no.3 to take decision in reference to the petitioner case/ representation against the sanction post and salary and other benefits be provided as and when due, with in the period of stipulated fixed by this Hon'ble court or decide this writ petition or may pass such further order as this Hon'ble court may deem fit and proper in the circumstances of the case." 2. As the petitioner was appointed as Assistant Teacher in the fourth- respondent Institution since 1983. Though, the fourth-respondent Institution was recognized Institution but the same was admitted into grant-in-aid in the year 1991. Though, 19 posts of Assistant Teachers are sanctioned into grant- in-aid but only 15 teachers are working including the petitioner. But surprisingly, the respondents have not granted pay scales to the petitioner, therefore, he moved an application before respondent nos.2 and 3 for release of pay scales to the petitioner as per the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. Despite repeated requests the respondents have neither considered nor have passed any order, hence the present writ petition is filed. 3. Though, the respondents have filed counter affidavit and denied that the appointment of the petitioner was made by the Manager of the Committee against the relevant rules and also on the basis of certificate issued by Principal of the Institution, the petitioner cannot be treated as recognized Versus Counsel for Petitioner(s) : Shailendra Srivastava, Shailendra(Senior Adv.), Siddharth Khare Counsel for Respondent(s) : C.S.C. Nand Kumar Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) teacher of the Institution. But fact remains, that the respondents have not passed any order on the request made by the petitioner and as such no averment is made in the counter affidavit. 4. In the said circumstances, without going into the merits of the case the respondent nos.2 and 3 are directed to consider the request made by the petitioner and pass appropriate order, if required by getting remarks from the fourth-respondent. This exercise should be completed within a period of two months from the date of a receipt of a copy of this order. 5. Accordingly, the present writ petition is disposed of. September 10, 2025 AdityaG WRIA No. 4167 of 2019 2 (Donadi Ramesh,J.) Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- ADITYA GAUTAM High Court of Judicature at Allahabad