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2025 DAILYLAW 179280 (ALL)

JYOTI SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BASIC EDUCATION LKO. AND 3 OTHERS

WRIA/12747/2025 · 2025-11-03

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12747 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioner, Sri P.K. Singh, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 & 2, Sri Ran Vijay Singh, learned counsel for the respondent no. 3 and Sri Abhay Kumar Dixit, advocate, holding brief of Sri P.K. Tiwari, learned counsel for the respondent no. 4. 2. With the consent of learned counsels appearing on behalf of the contesting parties, the matter is being decided finally. 3. Contention of the learned counsel for the petitioner is that the petitioner has 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). 6. Learned counsel appearing on behalf of the contesting respondents do not Versus Counsel for Petitioner(s) : Durga Prasad Shukla, Purnima Singh Counsel for Respondent(s) : C.S.C., Pradeep Tiwari, Ran Vijay Singh Jyoti Singh .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Basic Education Lko. And 3 Others .....Respondent(s) 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/District Basic Education Officer, Lucknow 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 two months from the date of receipt of a certified copy of this order. November 3, 2025 Mayank WRIA No. 12747 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench