MANISH KUMAR SRIVASTAVA v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDUCATION LKO. AND 3 OTHERS
/13005/2025 · 2025-11-20
body2025
DailyLaw.ai
[ 2025 DAILYLAW 187054 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 187054 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13005 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsels for the parties. On 10-11-2025, the following order was passed :-
"Heard learned counsel for the petitioner and learned counsel for the opposite parties. The petitioner is bed ridden and the salary of the petitioner has been paid uptill the year 2019; and thereafter, no salary has been paid as yet. On 01-10-2022, the Principal and the Manager of the College namely, Navyug Vidyalaya Inter College, Lucknow sent a letter to the District Inspector of Schools-II, Lucknow for instructions regarding the submission of salary bill, which is still pending
consideration and no order order/direction/instruction has been passed as yet.
Submission of learned counsel for the petitioner is that the petitioner is suffering with serious ailment and he has problem to move even. He added that the salary of the year prior to 2019 has been given and thereafter, not a single penny has been paid to him whereas, as per Section 20 (4) of the Rights of Persons With Disabilities Act,2016, the petitioner is entitled for salary. He submitted that the petitioner is facing hard and his condition is pitiable, thus, the opposite parties may be directed to ensure the payment of salary to the petitioner, immediately. On the other hand, learned counsel appearing for the State submits that he will seek detailed instructions in the matter.
Learned counsel for the State is directed to instruct the District Inspector of Schools-II, Lucknow to call the opposite party no.4, Principal/Manager of the Navyug Vidyalaya Inter College, Lucknow and consider the request regarding the payment of salary of the petitioner in accordance with law, within the period of one week. Versus Counsel for Petitioner(s) : Ajay Kishor Pandey, Tanveer Ahmad Lari Counsel for Respondent(s) : C.S.C. Manish Kumar Srivastava .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Secondary Education Lko. And 3 Others .....Respondent(s)
List/put up this matter on 20-11-2025, in the list of fresh cases. This order shall be communicated by Sri Pradeep Kumar Singh, learned Additional Chief Standing Counsel to the District District Inspector of Schools- II, Lucknow today itself. In the meantime, learned counsel for the petitioner shall take steps by Dasti Notice upon opposite party no. 4. Let a copy of this order be provided to learned counsels for the parties, on payment of usual charges, by Today Itself." In compliance of the order aforesaid, the instruction dated 19-11- 2025 sent by the District Inspector of Schools-II, Lucknow has been placed before this court alongwith other records, which are taken on record and shall be part of the records.
Learned counsel appearing for the State submits that the matter has been referred to the Director, Secondary Education and subsequent thereof, the same has been sent vide letter dated 18-11-2024 to the state government, which is pending consideration. He submits that some more time may be granted so as the State could take a decision over the same. On the other hand, learned counsel appearing for the petitioner submits that the petitioner may be granted liberty to move a representation before the opposite party no. 1 for taking the immediate decision on the letter sent by the Director, Secondary Education and he may also be given liberty to raise his claim before the opposite party no. 1 regarding the payment of his salary as is sought vide the prayer made in the writ petition. Learned counsels appearing for the opposite parties no. 1 to 3 have no objection to the contentions aforesaid. Be that as it may, without entering into the merit of the case, the petitioner is given liberty to move a representation before the opposite party no. 1 i.e. Principal Secretary, Secondary Education, Civil Secretariat, Lucknow within the period of 7 days from today and if such representation is made, the opposite party no. 1/ Principal Secretary, Secondary Education, Civil Secretariat, Lucknow, is
directed to consider and decide the same in accordance with law, within further period of four weeks.
WRIA No. 13005 of 2025 2
The order passed by the opposite party no. 1 shall be communicated to the petitioner immediately. With the aforesaid observations, the instant writ petition is disposed of. November 20, 2025 AKS WRIA No. 13005 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench