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2025 DAILYLAW 158800 (ALL)

NAVAL KISHOR SHUKLA AND 8 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDUCATION DEPTT. GOVT.LKO. AND 4 OTHERS

WRIA/9366/2025 · 2025-08-21

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49145 Court No. - 4 Case :- WRIT - A No. - 9366 of 2025 Petitioner :- Naval Kishor Shukla And 8 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Deptt. Govt.Lko. And 4 Others Counsel for Petitioner :- Amit Mishra Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Rishabh Tripathi Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioners, Dr. Uday Veer Singh, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 & 2, Sri Gaurav Joshi, Advocate holding brief of Sri Ran Vijay Singh, learned counsel for the respondent no. 3 and Sri Arun Kumar Singh, Advocate holding brief of Sri Rishabh Tripathi, learned counsel for the respondents no. 4 & 5. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. Contention of the learned counsel for the petitioners is that the petitioners have been given the officiating charge of the post of Headmaster yet are not being paid salary of the said post. 4. Contention is that this aspect of the matter has already been considered by the Division Bench of this Court in a bunch of appeals leading being Special Appeal No. 652 of 2024 Inre; Secretary, UP Basic Education Board and Ors Vs. Tripurari Dubey and Ors- 2025: AHC:67382-DB which judgment in turn has been affirmed with the dismissal of the Special Leave to Appeal vide order dated 13.08.2025 in Special Leave to Appeal (C) No. 22427 of 2025. 5. Further contention is that the respondents be directed to consider the claim of the petitioner in the light of the Division Bench judgment of this Court in the case of Tripurari Dubey (supra). 6. Learned counsel appearing on behalf of the contesting respondents do not dispute the aforesaid question of law as decided by the Division Bench of this Court in the case of Tripurari Dubey (supra). 7. Considering the aforesaid, the instant writ petition is disposed of with the direction to the respondent no. 4 to consider the claim of the petitioner for being given the salary to the post of Headmaster- In charge in accordance with law and the relevant rules as well as the Division Bench judgment of this Court in the case of Tripurari Dubey (supra) which consideration would be done within a period of six weeks from the date of receipt of a certified copy of this order. Order Date :- 21.8.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench