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2025 DAILYLAW 173325 (ALL)

DEEPAK KUMAR AND 5 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BASIC EDU. LKO. AND 8 OTHERS

WRIA/12619/2025 · 2025-10-29

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12619 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Dr. Uday Veer Singh, learned counsel for respondent no. 3, Mr. Ran Vijay Singh, learned counsel for respondent no. 2 and Mr. Pakaj Patel, learned counsel for respondent no. 1. Notices to the respondent nos. 4 to 9 is hereby dispensed with. Instant petition has been filed with the following reliefs:- "i. Issue a writ, order or direction in the nature of MANDAMUS directing the opposite party no. 2 and 3 to determine the petitioner's seniority in accordance with Rule 22 (1) of UP Basic Education (Teachers) Service Rules, 1981 and to grant promotion vide promotion order dated 13.12.2016 with all consequential benefits including arrears of salary, fixation of pay and correction of service records from the date the petitioners became entitled thereto. ii. To issue any writ, order or direction which this Hon'ble Court may deem just fit and proper under the circumstances of the case. iii. Allow the petition with costs." After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to give liberty to the petitioner to move a fresh representation before the respondent no. 3 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention Versus Counsel for Petitioner(s) : Shobhit Singh, Ajai Kumar Singh, Piyush Gupta, Prabhat Rathore Counsel for Respondent(s) : C.S.C., Ran Vijay Singh, Uday Veer Singh Deepak Kumar And 5 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Basic Edu. Lko. And 8 Others .....Respondent(s) aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is permitted to move a fresh representation within period of 15 days, and if such representation is moved within aforesaid period, the respondent nos. 3/Basic Shiksha Adhikari, Barabanki, is hereby directed to consider and decide the same, within a period of two months, in accordance with law, from the date, a certified copy of this order is produced before him. With the aforesaid observations, the instant petition is disposed of. October 29, 2025 Mayank WRIA No. 12619 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench