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2025 DAILYLAW 168066 (ALL)

ANAMIKA MISHRA AND 42 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. DEPTT. LKO. AND 4 OTHERS

WRIA/11688/2025 · 2025-09-26

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11688 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, 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 Net Ram 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). Versus Counsel for Petitioner(s) : Amit Mishra, Dinesh Kumar Tripathi, Vishal Singh Counsel for Respondent(s) : C.S.C., Ran Vijay Singh, Rishabh Tripathi Anamika Mishra And 42 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Deptt. Lko. And 4 Others .....Respondent(s) 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. September 26, 2025 VNP/- WRIA No. 11688 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench