HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 317 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. This matter was mentioned by Ms. Vaishnavi Tripathi, Advocate who has enrolled few days back with Bar Council and it appears that it is her first case, therefore, it is taken out of turn for a reason that petitioner is out of service for last six years and his financial condition is very poor. 2. Ms. Vaishnavi Tripathi, Advocate took about 1/2 hour to study the brief and thereafter argued to make out a case for interference on following grounds :- i. A proposal for termination of petitioner, Lecturer (English) from service dated 06.12.2019 was forwarded by Committee of Management of concerned school to DIOS concerned on grounds that he has married twice and has hatched a conspiracy by a communication dated 27.10.2020. Said proposal was considered by D.I.O.S. concerned, however, at that stage, appropriate authority was Education Selection Commission, therefore, matter was referred to its Secretary by a communication dated 05.11.2020. ii. It appears that matter remained pending and no decision was taken and meanwhile, Uttar Pradesh Education Service Selection Commission Act, 2023 came into force whereby Authority to grant approval to such proposal is now the D.I.O.S. iii. Aforesaid orders were challenged by petitioner by way of filing Writ A No. .4262/2021, which remained pending. Subsequently, petitioner filed a Writ A No. 16234/2024 which was disposed of vide order dated Versus Counsel for Petitioner(s) : Arvind Srivastava Iii Counsel for Respondent(s) : C.S.C., Sanjeev Kumar Yadav Ashish Gautam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 17.10.2024 with a direction to D.I.O.S. to take decision on proposal. iv. In aforesaid circumstances, petitioner has filed a representation which was considered by concerned D.I.O.S., however, it was not finally decided on the ground that Writ A No. 4262/2021 was pending before this Court and an order was passed dated 30.11.2024 which is challenged in present writ petition. v. In aforesaid circumstances, till date approval sent by Committee of Management of concerned school is neither approved nor rejected. 3. The Committee of Management has not filed any counter affidavit in either of writ petitions. 4. Learned Additional C.S.C. fairly submits that legal impediment, as referred in order dated 30.11.2024, if removed, aforesaid proposal could be considered by concerned D.I.O.S. 5. In view of above, this writ petition is disposed of with an observation that now D.I.O.S. will consider proposal so sent by Committee of Management after hearing the Manager/Secretary of School/Committee as well as petitioner, if so warrant and will pass a reasoned order within a period of two weeks. 6. It is further observed that in case petitioner has not given subsistence allowance, concerned respondents will pay the subsistence allowance to petitioner in accordance with law. 7. This order is passed in presence of Sri Sanjeev Kumar Yadav, learned counsel for respondents. October 14, 2025 N. Sinha WRIA No. 317 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad