RAJENDRA PRASAD TIWARI v. STATE OF U.P. AND 4 OTHERS
WRIA/7267/2019 · 2025-10-12
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DailyLaw.ai
[ 2025 DAILYLAW 193681 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 193681 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 7267 of 2019 Court No. - 33 HON'BLE DONADI RAMESH, J.
1. Heard Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed for the following directions:
"(a) A writ, order or direction in the nature of certiorari quashing the impugned order dated 4.1.2013 (Annexure-10 to the writ petition) passed by the District Inspector of Schools, Allahabad (Prayagraj), the respondent no.3 so far as not releasing arrears of salary of the petitioner from 18.3.1998 to 31.7.2000. (b) A writ, order or direction in the nature of mandamus commanding the respondents to release arrears of salary of the petitioner from 18.3.1998 to 31.7.2000 to the post of Assistant Teacher in L.T. grade. (c) A writ, order or direction in the nature of mandamus commanding the Regional Level Committee, headed by the Joint Director of Education, Allahabad Mandal, Allahabad, the respondent no.2, to consider case of the petitioner for regularization under Section 33-G of the U.P. Secondary Education Service Selection Board Act."
3. Based on the averments made in the writ petition, learned Senior Counsel appearing on behalf of the petitioner has contended that the petitioner was appointed as L.T. Grade teacher on ad-hoc basis pursuant to the promotion granted to one permanent teacher Brahma Dutt Pandey as lecturer. Initially, the respondents have rejected the approval with regard to the petitioner's appointment vide order dated 31.10.1998 on the ground that promotion of Brahm Dutt Pandey was not accorded approval. Versus Counsel for Petitioner(s) : Radha Kant Ojha (Sr. Advocate), Shivendu Ojha Counsel for Respondent(s) : C.S.C. Rajendra Prasad Tiwari .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
4. Subsequently, the Writ-A No.7016 of 2008 filed by Brahm Dutt Pandey was allowed by this Court vide order dated 03.01.2012 and the said orders were implemented by the authorities granting approval to Brahm Dutt Pandey from the date of his appointment as lecturer. 5. The petitioner filed Civil Misc. Writ No.4280 of 1999 assailing the order dated 31.10.1998 while this Court considered the submissions and passed the orders in Writ-A No.7016 of 2008 filed by Brahm Dutt Pandey relegating the matter to the competent authority for passing the appropriate orders. 6.
Learned Senior Counsel appearing on behalf of the petitioner has submitted that as the respondents have implemented the orders passed in the case of Brahm Dutt Pandey, his services were approved as lecturer from the date of appointment, hence the petitioner's case also stands on the same analogy because the petitioner was appointed immediately after promoting Brahm Dutt Pandey as lecturer and he continued and his salaries were also released by the competent authority. In the said circumstances, the petitioner's services may also be approved from the date of his initial appointment. 7. Considering the submissions made and on perusal of the records, as benefit was already extended by this Court to Brahm Dutt Pandey in Writ-A No.7016 of 2008, the present writ petition is disposed of setting aside the order dated 04.01.2013 passed by the 3rd respondent insofar as it relates to not releasing arrears of salaries from 18.03.1998 to 31.07.2000, remanding the matter to the competent authorities to adhere to the observations made by this Court in Writ-A No.7016 of 2008 and Civil Misc. Writ No.4280 of 1999 for approval with regard to services of the petitioner from the date of his initial appointment. This exercise shall be done within a period of two months from the date of receipt of copy of this order. 8. It is needless to mention that once the competent authorities have considered and approved services of Brahm Dutt Pandey from the date of his initial appointment, the petitioner is also entitled to the same benefits. October 13, 2025 rkg WRIA No. 7267 of 2019 2 (Donadi Ramesh,J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad