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2025 DAILYLAW 16023 (ALL)

SHAILENDRA PRATAP SINGH v. STATE OF U.P. AND 5 OTHERS

WRIA/11258/2025 · 2025-08-05

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132824 Court No. - 52 Case :- WRIT - A No. - 11258 of 2025 Petitioner :- Shailendra Pratap Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rajesh Chandra Gupta,Sudheer Rana Counsel for Respondent :- C.S.C.,Hare Ram Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sudheer Rana, learned counsel for the petitioner, Mr. Hare Ram, learned counsel for respondent-BSA and learned standing counsel for the State. This writ petition has been filed by the petitioner with the following prayers:- "(i) Issue a writ, order or direction, in the nature of certiorari quashing the impugned termination order dated 04.10.2024 passed by respondent no.5. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents not to interfere in peaceful services of the petitioner as Assistant Teacher of Uchh Prathmik Vidyalaya, Rampura-Kudrail, Composite (1-8), Block-Takha, District-Etawah, U.P." At the very outset, learned counsel for the petitioner prays to withdraw this petition with liberty to avail appropriate remedy of filing an appeal as available under law, challenging the termination order dated 04.10.2024. He prays that in case, such an appeal is filed, a direction may be issued to the appellate authority to decide the same in accordance with law, ignoring the delay, if any. Mr. Hare Ram, learned counsel for the respondent-BSA submits that he has no objection, in case, such a direction is issued. Considering the facts and circumstance of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that petitioner may file an appeal, ventilating all his grievances, supported by such documents, as may be advised, before respondent no.3 Secretary, Basic Education Board, U.P., Prayagraj, within three weeks from today along with a certified copy of this order. On such appeal being filed by the petitioner, the respondent no.3 shall make all endeavours to consider and decide the same, ignoring the delay, if any, strictly in accordance with law, by means of a reasoned and speaking order, preferably within a period of three moths, if there is no legal impediment. It is made clear that it will be open to the petitioner to challenge the dismissal order as well the order passed in appeal, in case, he is aggrieved by the same. Order Date :- 6.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad