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2025 DAILYLAW 17779 (ALL)

SANTOSH KUMAR SINGH AND 127 OTHERS v. STATE OF U.P. AND 2 OTHERS

WRIA/1938/2025 · 2025-02-16

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:22257 Court No. - 7 Case :- WRIT - A No. - 1938 of 2025 Petitioner :- Santosh Kumar Singh And 127 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Prakash Padia,J. 1. Heard counsel for the parties and perused the records. 2. The petitioners have preferred the present writ petition inter-alia with the prayer to direct the respondents specially District Basic Education Officer, concerned to make the payment of salary to the petitioners on the post of Incharge Headmaster/Headmistress. 3. It is argued by the counsel for the petitioners that they are entitled for the salary of aforesaid post from the date they are working on the same as per doctrine of equal pay for equal work. It is further argued that non payment of salary to the petitioners for the post, on which they are working is in violation of Article 23 of the Constitution of India. Counsel for the petitioners placed reliance upon the judgment and order dated 07.05.2024 passed in Writ A No. 3863 of 2018 (Smt. Raj Kishori Kushwaha vs. State of U.P. and 5 Others). It is argued that controversy involved in the present petition is absolutely identical as in the case of Smt. Raj Kishori Kushwaha (supra). Inspite of the fact that various representations were made in this regard till date no action has been taken on the same hence present writ petition. 4. On the other hand it is argued by counsel for the respondent- District Basic Education Officer, concerned, that in case the petitioners are not getting salary in the grade for which they are entitled, in place of approaching this Court they should first of all approach the authorities concerned. It is further argued that in case petitioners will submit representation before the concerned District Basic Education Officer, he will decide the same expeditiously. 5. Heard learned counsel for the parties and perused the record. 6. With the consent of learned counsel for the parties, the writ petition is being disposed of at the admission stage. 7. In the facts and circumstances of the case, the petitioners are permitted to submit fresh representation ventilating all their grievances before the respondent-District Basic Education Officer, concerned along-with certified copy of this order within a period of four weeks from today. If such a representation is made, the respondent concerned is directed to pass appropriate order in accordance with law within a further period of two months. 8. With the aforesaid observations, present writ petition is disposed of finally. Order Date :- 17.2.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad