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2025 DAILYLAW 182420 (ALL)

VIRENDRA KUMAR MISHRA AND 116 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY./ PRIN. SECY. DEPTT. BASIC EDUCATION LKO. AND 4 OTHERS

/13948/2025 · 2025-12-02

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13948 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner No.1, Mr. Ram Vijay Singh, learned counsel for opposed party No.2 and Mr. Sunil Kumar Advocate holding brief on behalf of Dr. Uday Veer Singh learned counsel for opposite parties 4 and 5. In view of order being passed, notice to opposed party No.3 stands dispensed with. 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 petitioners is that the petitioners have 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 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 nos. 4 & 5 to consider the claim of the petitioner for being given the Versus Counsel for Petitioner(s) : Surendra Kumar Mishra, Dharm Raj Mishra Counsel for Respondent(s) : C.S.C., Ran Vijay Singh, Sarvesh Kumar Dubey, Uday Veer Singh Virendra Kumar Mishra And 116 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy. Deptt. Basic Education Lko. And 4 Others .....Respondent(s) 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 six weeks from the date of receipt of a certified copy of this order. December 2, 2025 prabhat WRIA No. 13948 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench