SANJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF BASIC EDU. LKO. AND 6 OTHERS
/9378/2025 · 2025-11-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180175 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180175 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9378 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsels for the parties and perused the record. Instant writ petition has been filed with the following main relief :-
"1. Issue a writ, order or direction in the nature of Mandamus' commanding the opposite party no. 1 to 5 to ensure the continuous payment of regular salary to the petitioner since the date of joining i.e. 09.08.2024 on the post of fourth- class employee i.e. 'Anuchar at Upper Primary School, Saidha Block- Harakh District-Barabanki in pursuance of Compassionate Appointment Order dated 01.08.2024 passed by the Jila Basic Shiksha Adhikari, Barabanki." Contention of learned counsel for the petitioner is that the regular salary to the petitioner since the date of his joining i.e. on 09-08- 2024 on a Class IV post (Anuchar/Peon) in Uppar Primary School, Saidha Block-Harakh, District-Barabanki, is not being paid, though the petitioner is appointed on compassionate ground vide order dated 01-08-2024 passed by the District Basic Education Officer, Barabanki. He submits that the petitioner is entitled for salary. After the aforesaid arguments, 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 opposite party no. 3/ Zila Basic Shiksha Adhikari, Barabnanki and the opposite party no. 3 may be directed to consider and decide the same within the stipulated period of time, as may be fixed by this court.
Learned counsel appearing for the opposite parties have no Versus Counsel for Petitioner(s) : Manish Vaish, Sharad Kumar Verma Counsel for Respondent(s) : C.S.C., Uday Veer Singh Sanjay Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Basic Edu. Lko. And 6 Others .....Respondent(s)
objection to the contentions aforesaid. Be that as it may, without entering into the merits of the case,the petitioner is given liberty to move a fresh representation, while raising all his claims and grounds before the opposite party no. 3/ Zila Basic Shiksha Adhikari, Barabnanki within the period of 15 days form today and if such representation is moved within aforesaid period, the opposite party no. 3 is directed to consider and decide the same within further period of six weeks, in accordance with law. With the aforesaid observations, the writ petition is hereby
disposed of. November 19, 2025 AKS WRIA No. 9378 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench