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Allahabad High Court · body

2025 DAILYLAW 198744 (ALL)

SHASHI KUMAR NAYAK AND 34 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. (BASIC EDU.) U.P. LKO. AND 9 OTHERS

WRIA/12557/2025 · 2025-10-17

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12557 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard Sri Ganesh Kumar Verma, learned counsel for the petitioners, Sri Prdeep Kumar Singh,learned Additional Chief Standing counsel appearing on behalf of the respondent nos. 1 & 2, Sri Ran Vijay Singh, learned counsel for the respondents no. 3 & 4,Dr. Udai Veer Singh, learned counsel for the respondent nos. 5 & 7, Sri Shailendra Singh Rajawat, learned counsel for respondent no. 6, Sri Shivam Sharma, learned counsel for the respondent no. 8, Sri Pradeep Tiwari, learned counsel for the respondent no. 9 and Sri Abhinav Singh, learned counsel for the respondent no. 10. 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). Versus Counsel for Petitioner(s) : Devesh Singh Counsel for Respondent(s) : C.S.C. Shashi Kumar Nayak And 34 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. (Basic Edu.) U.P. Lko. And 9 Others .....Respondent(s) 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 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. October 17, 2025 AKS WRIA No. 12557 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench