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2025 DAILYLAW 175795 (ALL)

BRAMHESH KUMAR AND 36 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BASIC EDUCATION AND 2 OTHERS

WRIA/12893/2025 · 2025-11-04

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12893 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Kumar Ayush, learned counsel for respondent no. 3, Mr. Ran Vijay Singh, learned counsel for respondent no. 2, learned Additional Chief Standing Counsel for the State and perused the record. Instant petition has been filed with the following reliefs:- "[a] To issue a writ, order or direction in the nature of mandamus commanding the Opp-parties to pay the salary to the petitioners who are working as In-charge Head Master/Head Mistress of Primary School or Upper Primary or Composite Schools w.e.f. the dates they have been appointed as In-charge Head Master/Head Mistress as shown against their names in Annexure-1 to this writ petition with all consequential benefits within a stipulated time as may be specified by this Hon'ble Court. [b] To award the cost of this petition in favour of the petitioners." It is contended by counsel for the petitioners that the petitioners are working as incharge Head Master/Head Mistress of Primary Schools or Upper Primary or Composite Schools w.e.f. the dates they have been appointed as In-charge Head Master/Head Mistress, therefore, they are entitled for the salary of the said post. After argument at length, he submits that the petitioners may be given liberty to move separate representations before the respondent no. 3 raising their claim as stated above and respondent no. 3 may be directed to consider and decide the same within stipulated period of time as may be fixed by this Court. Versus Counsel for Petitioner(s) : Prafulla Tiwari Counsel for Respondent(s) : C.S.C., Kumar Ayush, Ran Vijay Singh Bramhesh Kumar And 36 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education And 2 Others .....Respondent(s) Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioners are given liberty to move a fresh representation, individually, within period of fifteen days before the respondent no. 3/District Basic Education Officer, Bahraich and if such representations are moved, the respondent no. 3 is directed to consider and decide the same, within further 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. November 4, 2025 Mayank WRIA No. 12893 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench