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Neutral Citation No. - 2025:AHC:66026 Court No. - 7 Case :- WRIT - A No. - 3860 of 2025 Petitioner :- Jitendra Kumar Gaur Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the respondent-State.
2. The present writ petition has been filed with the following prayers :-
"(i) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to fix the pay of the petitioner from 17.02.2012 instead of 01.11.2018 notionally and from 01.11.2018 actually in pursuance of order dated 03.08.2018 passed in Writ-A No. 45502 of 2016. (ii) issue a writ, order or direction in the nature of mandamus directing the respondent authorities to extend the consequential benefits to the petitioner after fixing the pay of the petitioner from 17.02.2012 instead of 01.11.2018 notionally and from 01.11.2018 actually."
3. Learned counsel for the petitioner submits that petitioner was selected by the Selection Board in pursuance to the Advertisement No. 01/2010 on the post of Assistant Teacher, however, joining of the petitioner was made in the year 2018 although the result was declared in the year 2012. Learned counsel for the petitioner further submits that petitioner is entitled for notional fixation of salary from 2012. In this respect, the petitioner has submitted representation dated 8.10.2024, however, till date no order has been passed. The direction may be issued for expeditious disposal of the same.
4. Learned Standing Counsel for the respondent-State submits that petitioner may file a fresh representation before District Inspector of Schools, Amroha - respondent no. 4 which shall be considered and decided in accordance with law in a time bound manner.
5. Considering the facts and circumstances of the case and the
submissions of learned counsel for the parties, it is hereby directed that petitioner may file a fresh representation along with a certified copy of this order before District Inspector of Schools, Amroha - respondent no. 4 within a period of 15 days from today. In case such representation is filed within the aforesaid period, the same shall be considered and decided in accordance with law within a further period of two months.
6. It is clarified that this Court has not decided the issue on merits and the authorities concerned shall independently apply its mind and pass order in accordance with law.
7. With the aforesaid observation/direction, writ petition is
disposed of.
Order Date :- 29.4.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad