JANTA UCHCHATTAR MADHYAMIK VIDYALAYA AMBEDKARNAGAR THRU. MANAGER v. ANGAD KUMAR TIWARI AND ORS.
SPLAD/518/2024 · 2025-03-21
Arun Bhansali, Jaspreet Singh
body2025
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[ 2025 DAILYLAW 161412 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161412 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16512-DB Chief Justice's Court Case :- SPECIAL APPEAL DEFECTIVE No. - 518 of 2024 Appellant :- Janta Uchchattar Madhyamik Vidyalaya Ambedkarnagar Thru. Manager Respondent :- Angad Kumar Tiwari And Ors. Counsel for Appellant :- Pawan Kumar Pandey Counsel for Respondent :- Om Prakash Mani Tripathi,C.S.C.,, Gopal Kumar Srivastav, S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Jaspreet Singh,J.
1. The appeal is barred by 30 days. An application has been filed seeking condonation of delay in filing the appeal.
2. For the reasons indicated in the application supported by affidavit, the same is allowed.
3. Delay in filing the appeal is condoned.
4. This appeal is directed against order dated 28.03.2024 passed in Writ - A No. 2527 of 2024 and order dated 25.4.2024 whereby the order passed on 28.03.2024 has been corrected.
5. Writ petition was filed by the respondent seeking a direction to the concerned authority for payment of arrears of salary for the period July, 2022 till March, 2023 in terms of the Government Order dated 09.11.2023 and for payment of interest on the delayed payment of salary.
6. Learned Single Judge, after hearing the parties, came to the conclusion that since considering petitioner's grievance would entail factual aspect, liberty was granted to him to file a representation before the respondent no. 4, who was directed to consider and decide the same in accordance with law within a period of two months from the date of submission of a certified copy of the order.
7. Director, Secondary Education, U.P. at Lucknow was impleaded as respondent no. 4 on the same day when the order was passed. However, later on by order dated 25.04.2024 it was
directed that the representation shall be decided by the District Inspector of Schools, Ambedkarnagar.
8. Today learned counsel for the respondent has pointed out that pursuant to the direction dated 28.03.2024 as correct by order dated 25.04.2024, the District Inspector of Schools, Ambedkarnagar has passed order dated 11.11.2024, however, the same was made subject to the order to be passed in the present appeal. Further, against the order dated 11.11.2024 the appellant filed Writ - A No. 2772 of 2025, which came to be dismissed on 11.03.2025 on account of the fact that the order dated 28.03.2024 pursuant to which the order dated 11.11.2024 was passed was pending in appeal.
9. Counsel for the appellant submitted that writ petition filed against order dated 11.11.2024 has not been entertained on account of filing/pendency of the present appeal and therefore, the appellant would be rendered remediless against order dated
11.11.2024.
10. Having gone through the order passed on 28.03.2024, as corrected on 25.04.2024, we find that learned Single Judge, has only permitted the respondent to file a fresh representation and the District Inspector of Schools has been directed to decide the same. The order passed is wholly innocuous, which does not decide rights of any of the parties so as to assail the same by filing the present appeal.
11. In view of the above observations, we do not find any reason to interfere with the order dated 28.03.2024 as corrected by order dated 25.04.2024.
12. On account of the disposal of the present appeal due to non interference, now the appellant would be free to take appropriate proceedings qua the order dated 11.03.2025 passed in Writ - A No. 2772 of 2025/order dated 11.11.2024 passed by the District Inspector of Schools, in accordance with law.
13. The appeal stands disposed of.
Order Date :- 21.3.2025 nd (Jaspreet Singh, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad, Lucknow Bench