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2025 DAILYLAW 199784 (ALL)

MOHD. NAFEES v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. LKO. AND 2 OTHERS

WRIA/407/2023 · 2025-10-08

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 407 of 2023 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. 1. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent no.1 and Dr. Uday Veer Singh, learned counsel appearing for the respondents No. 2 & 3. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. Contention of the learned counsel for the petitioner is that the petitioner has 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 in re: 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). Versus Counsel for Petitioner(s) : Rayees Ahmad Khan Counsel for Respondent(s) : C.S.C., Rahul Shukla, Uday Veer Singh Mohd. Nafees .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Basic Edu. Lko. And 2 Others .....Respondent(s) 7. Considering the aforesaid, the instant writ petition is disposed of with the direction to the respondent no. 2 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 8, 2025 Mayank WRIA No. 407 of 2023 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench